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Mountrail County, ND Probate Information
Quick facts
| Item | Mountrail County details |
|---|---|
| Court | The district court in Mountrail County, at the Mountrail County Courthouse in Stanley (N.D.C.C. § 27-05-06) |
| Judicial district | North Central Judicial District, one of 3 counties in that district (N.D. Sup. Ct. Admin. R. 6) |
| Courthouse address | Mountrail County Courthouse, 101 N Main St, Stanley, ND 58784 |
| Mailing address | Mountrail County Courthouse, P.O. Box 69, Stanley, ND 58784 |
| Clerk contact | Clerk of district court in Mountrail County: (701) 628-2915; [email protected] (N.D. Sup. Ct. Admin. R. 46) |
| Fax | (701) 628-2916 |
| Hours | 8:00 a.m. to 4:30 p.m., Monday through Friday, closed for lunch from 12:00 p.m. to 12:30 p.m. |
| Filing fee | $160, effective July 1, 2025, for filing a probate, guardianship, or other testamentary case under Title 30.1 (N.D.C.C. § 27-05.2-03; North Dakota Court Fee Schedule item I.19). Fee waiver information is at ndcourts.gov/legal-self-help/fee-waiver. |
| Local forms | Mountrail County publishes no local probate forms or local cover sheet. Use the statewide North Dakota Legal Self Help Center materials at ndcourts.gov/legal-self-help/informal-probate. |
| E-filing status | Represented parties file electronically through Odyssey. A self-represented filer is exempt from the electronic filing requirement and may file paper documents in person, by mail, or by commercial carrier, and may use Odyssey if desired (N.D.R.Ct. 3.5). |
| Case search | Use the North Dakota Courts Records Inquiry at publicsearch.ndcourts.gov. Choose Civil, Family & Probate Case Records and select Mountrail County; information is current through the end of the previous business day. |
| Remote appearance | A party may ask for a proceeding by reliable electronic means by written motion under N.D. Sup. Ct. Admin. R. 52. It is discretionary, not automatic. |
| Court website | https://www.ndcourts.gov/court-locations/mountrail-county |
Before you begin — know the assets and liabilities
Before filing in Stanley, identify the assets, debts, possible heirs, whether there is an original will, and whether anyone is already handling property for the decedent. The right estate settlement path depends on what property needs legal authority to transfer, not just on whether a will exists.
Sunset can help organize that first pass by searching across more than 2,300 financial institutions for accounts and assets. That asset discovery helps you decide what to bring to the Mountrail County Courthouse, what can be mailed, and when a local attorney should review the estate settlement plan.
Which court handles jurisdiction
North Dakota has no separate court for decedents' estates and no separate probate forum of any kind: estate settlement is a case class of the state's single district court, which sits in all 53 counties, and the papers are filed with the clerk of district court at the Mountrail County Courthouse (N.D. Const. art. VI, §§ 1, 8; N.D.C.C. § 27-05-06; N.D. Sup. Ct. Admin. R. 46). The separate county-level forum that once heard these cases was abolished on January 1, 1995, and its files became district court files (N.D.C.C. § 27-05-00.1).
Probate for Mountrail County is filed with the clerk of district court at the county courthouse in Stanley. Mountrail County is one of the 3 counties in the North Central Judicial District, which is how judges and district administration are organised; the case itself is filed at this county's own courthouse (N.D. Sup. Ct. Admin. R. 6; N.D.C.C. ch. 30.1-13).
The courthouse in Stanley serves Mountrail County. For an informal application, North Dakota law requires the application to state the county and state of the decedent's domicile at death, or to state the basis for venue if the decedent was not domiciled in North Dakota (N.D.C.C. § 30.1-14-01; N.D.C.C. ch. 30.1-13).
The jurisdiction process
- Identify the filing path and use the right statewide terminology. An informal probate filing uses an application under N.D.C.C. ch. 30.1-14. A formal proceeding uses a petition under N.D.C.C. ch. 30.1-15. If there is an original will, plan to deliver it on paper because original wills, codicils, and other documents of independent legal significance may be filed as paper documents (N.D.R.Ct. 3.5).
- Prepare the probate packet using the statewide North Dakota Legal Self Help Center materials when they fit the situation. Mountrail County publishes no local probate forms or local cover sheet, and the Center warns that its forms are not official court forms and that courts are not required to accept them. Forms for formal proceedings are not provided by the Center.
- File with the clerk of district court at the Mountrail County Courthouse, 101 N Main St, Stanley, ND 58784, or mail paper filings to Mountrail County Courthouse, P.O. Box 69, Stanley, ND 58784. The office is open 8:00 a.m. to 4:30 p.m., Monday through Friday, and closes for lunch from 12:00 p.m. to 12:30 p.m. The clerk of district court takes filings, collects money paid to the court, and keeps the record under N.D. Sup. Ct. Admin. R. 46.
- Pay the filing fee. The filing fee is $160, effective July 1, 2025, for filing a probate, guardianship, or other testamentary case under Title 30.1 (N.D.C.C. § 27-05.2-03; North Dakota Court Fee Schedule item I.19). If you cannot afford the fee, review the fee waiver materials at ndcourts.gov/legal-self-help/fee-waiver.
- Handle notices and creditor decisions. After appointment, a personal representative may publish and mail notice to creditors under N.D.C.C. § 30.1-19-01; if that route is used, creditor claims are governed by N.D.C.C. ch. 30.1-19.
- Watch for hearing instructions if the case is formal or contested. Informal probate may proceed without a court appearance or court hearing when the statutory requirements are met (N.D.C.C. ch. 30.1-14). Formal probate includes hearings under N.D.C.C. ch. 30.1-15. A party who wants a proceeding by reliable electronic means must follow N.D. Sup. Ct. Admin. R. 52, including a written motion served at least seven days before the proceeding unless the court shortens the time for good cause.
- Wait for court authority. In an informal proceeding, the court reviews the application, makes the findings required by statute, issues a written statement of informal probate, and issues letters testamentary or letters of administration within ten working days after all requirements for informal proceedings have been met (N.D.C.C. §§ 30.1-14-02, 30.1-14-03, 30.1-14-07).
- Administer and close the estate. The personal representative uses the letters issued under N.D.C.C. § 30.1-14-07 to collect assets, deal with creditor claims under N.D.C.C. ch. 30.1-19, prepare the inventory and appraisement within the timing set by N.D.C.C. § 30.1-18-06, and complete closing papers under N.D.C.C. ch. 30.1-21 when the estate is ready to close.
Forms and documents
Probate forms in Mountrail County
Mountrail County publishes no local probate forms, local probate checklist, or local cover sheet. Use the statewide North Dakota Legal Self Help Center materials for informal probate at ndcourts.gov/legal-self-help/informal-probate and the guidebook linked there.
| Form issue | What to use in Mountrail County |
|---|---|
| Informal probate materials | Use the statewide North Dakota Legal Self Help Center guidebook and forms. The court must provide necessary informal probate or appointment forms to an applicant who requests aid, and an attorney is not required for informal probate or appointment procedure (N.D.C.C. § 30.1-14-01.1; N.D.C.C. ch. 30.1-14). |
| Printed form set | The North Dakota Court Fee Schedule lists a printed set of probate forms from the clerk at $5, effective July 1, 2025 (N.D.C.C. § 27-05.2-03). |
| Formal proceedings | The North Dakota Legal Self Help Center warns that forms are not provided for formal proceedings. If a formal case is needed under N.D.C.C. ch. 30.1-15, you create the documents yourself or retain a lawyer to create them. |
| Local rules | The North Central Judicial District local-rules listing shows only Local Rule 1998-1 for case reassignment procedure, not a Mountrail County probate form. |
Local nuance
Mountrail County-specific considerations
| Local point | Why it matters |
|---|---|
| Lunch closure | The Stanley courthouse hours are 8:00 a.m. to 4:30 p.m., Monday through Friday, with a lunch closure from 12:00 p.m. to 12:30 p.m. Plan hand-delivery of estate settlement papers around that closure. |
| North Central Judicial District travel context | Mountrail County is in the North Central Judicial District with Burke and Ward (N.D. Sup. Ct. Admin. R. 6). The district judges chamber in Minot rather than Stanley. The supreme court's stated intent is that residents receive judicial services in their own county without needing to travel to chamber cities, but that is an intent statement and not a promise for a particular hearing (N.D. Sup. Ct. Admin. R. 6). |
| Remote requests | If a hearing is set, a party may ask for reliable electronic means under N.D. Sup. Ct. Admin. R. 52. The request must be made by written motion, and the court decides whether to allow it. |
Recent updates
Scenarios
| Scenario | Likely Mountrail County path | Where Sunset helps |
|---|---|---|
| Surviving spouse w/ co-owned home | Start by identifying what still needs court authority. If probate is needed, file the application or petition with the clerk of district court at 101 N Main St in Stanley or by mail to P.O. Box 69. Bring or mail the original will on paper under N.D.R.Ct. 3.5, and plan around the 12:00 p.m. to 12:30 p.m. lunch closure. | Sunset helps find accounts, organize deeds and account statements, and generate a Mountrail County filing checklist for estate settlement. |
| Out-of-state adult child w/ small estate | If the statewide personal-property affidavit path fits, review N.D.C.C. ch. 30.1-23 and N.D.C.C. § 30.1-23-01 on the North Dakota state page before opening a case. If a probate filing is needed, a self-represented filer may mail paper documents to Stanley, use a commercial carrier, or use Odyssey by choice under N.D.R.Ct. 3.5. The original will still needs to reach the courthouse on paper. | Sunset helps determine which accounts exist, separates assets that may not need court authority from assets that do, and connects you with local counsel if the path is not clear. |
| Parent settling predeceased child's estate, home must be sold | A sale that needs court authority usually requires appointment of a personal representative and letters testamentary or letters of administration, which the court issues under N.D.C.C. § 30.1-14-07. File in Stanley and budget the $160 filing fee, effective July 1, 2025 (N.D.C.C. § 27-05.2-03). Certified copies are $20, effective July 1, 2025, with additional copies of the same document at $10, effective July 1, 2025 (N.D.C.C. § 27-05.2-03). | Sunset helps gather asset information, prepare the packet, and find a vetted attorney when real estate must be sold during estate settlement. |
Self-help resources
| Resource | How it helps | Contact |
|---|---|---|
| North Dakota Legal Self Help Center | Publishes informal probate guidance, the guidebook, personal-property affidavit information under N.D.C.C. § 30.1-23-01, and fee waiver materials. | ndcourts.gov/legal-self-help |
| Mountrail County location page | Lists the Stanley courthouse address, hours, phone, fax, and email for the clerk of district court in Mountrail County (N.D. Sup. Ct. Admin. R. 46). | ndcourts.gov/court-locations/mountrail-county |
| North Dakota Courts Records Inquiry | Lets you search Civil, Family & Probate Case Records by county. Select Mountrail County. Information is current through the end of the previous business day. | publicsearch.ndcourts.gov |
| North Dakota attorney search | Helps locate lawyers through the North Dakota court system website. | ndcourts.gov/lawyers |
| Legal Services of North Dakota | Statewide civil legal services organization. Its published intake lines are under age 60: 1-800-634-5263; age 60 and over: 1-866-621-9886. Call to ask whether your issue fits its services. | lsnd.org |
When to hire an attorney
Consider hiring counsel when the family disagrees, a formal proceeding is needed under N.D.C.C. ch. 30.1-15, real estate must be sold, a creditor dispute is likely under N.D.C.C. ch. 30.1-19, the original will is missing, or you are handling the case from outside North Dakota. North Dakota law says the assistance of an attorney is not required for informal probate or appointment procedure when that route fits (N.D.C.C. § 30.1-14-01.1), but legal advice can prevent filing delays and title problems. Sunset connects to a vetted attorney.
How Sunset helps
Find the accounts and assets. Sunset searches across more than 2,300 financial institutions to help families identify accounts, balances, and asset leads before deciding what to file in Mountrail County.
Generate the probate packet. Sunset turns the information you provide into an organized estate settlement packet, including the documents and local filing notes you need for the Stanley courthouse.
Find a local probate attorney. If the estate needs formal probate under N.D.C.C. ch. 30.1-15, a real estate sale, or help with creditor claims under N.D.C.C. ch. 30.1-19, Sunset can connect you with a vetted attorney.
Sunset is free for families. Families can use Sunset to organize estate settlement, understand next steps, and decide when professional help is needed without paying Sunset.
Frequently asked questions
Where do I file probate in Mountrail County?
File with the clerk of district court at the Mountrail County Courthouse, 101 N Main St, Stanley, ND 58784, or mail paper filings to Mountrail County Courthouse, P.O. Box 69, Stanley, ND 58784. The clerk of district court keeps the filing record under N.D. Sup. Ct. Admin. R. 46, and the district court has jurisdiction under N.D.C.C. § 27-05-06.
What are the clerk's hours in Stanley, and is the office open at lunch?
The courthouse hours are 8:00 a.m. to 4:30 p.m., Monday through Friday. The office closes for lunch from 12:00 p.m. to 12:30 p.m., so plan in-person estate settlement filings outside that closure.
Do I have to e-file in Mountrail County if I am self-represented?
A self-represented filer is exempt from the electronic filing requirement and may file paper documents in person, by mail, or by commercial carrier. A self-represented filer who wants to file electronically must use Odyssey (N.D.R.Ct. 3.5).
Can I mail the original will to the Mountrail County Courthouse?
Yes. N.D.R.Ct. 3.5 says original wills, codicils, and other documents of independent legal significance may be filed as paper documents. Use the mailing address for Mountrail County Courthouse, P.O. Box 69, Stanley, ND 58784, or contact the clerk of district court before sending irreplaceable documents (N.D. Sup. Ct. Admin. R. 46).
How much does it cost to file probate in Mountrail County?
The filing fee is $160, effective July 1, 2025, for filing a probate, guardianship, or other testamentary case under Title 30.1 (N.D.C.C. § 27-05.2-03; North Dakota Court Fee Schedule item I.19). Fee waiver information is available at ndcourts.gov/legal-self-help/fee-waiver.
Are there Mountrail County probate forms?
Mountrail County publishes no local probate forms or local cover sheet. Use the statewide North Dakota Legal Self Help Center materials at ndcourts.gov/legal-self-help/informal-probate. The Center warns that its forms are not official court forms and that courts are not required to accept them.
Can I look up a Mountrail County probate case online?
Use the North Dakota Courts Records Inquiry at publicsearch.ndcourts.gov. Select Civil, Family & Probate Case Records and choose Mountrail County. The system states that information is current through the end of the previous business day.
Will I have to travel to Minot for a Mountrail County hearing?
Mountrail County is in the North Central Judicial District under N.D. Sup. Ct. Admin. R. 6, and the district judges chamber in Minot. The supreme court's stated intent is that residents receive judicial services in their own county without needing to travel to chamber cities, but that is not a guarantee for a specific hearing (N.D. Sup. Ct. Admin. R. 6).
Can I appear by video for a Mountrail County probate hearing?
A party may ask for a proceeding by reliable electronic means under N.D. Sup. Ct. Admin. R. 52. The request is made by written motion after attempting to contact the other parties, and the motion generally must be served at least seven days before the proceeding, with any response served at least four days before. The court decides the request.
How long until letters are issued in Mountrail County?
For informal appointment, the court must issue letters testamentary or letters of administration within ten working days after all requirements for informal proceedings have been met (N.D.C.C. § 30.1-14-07). That period starts after the requirements are met, not simply when papers first arrive at the courthouse.
Shaped by the families we've helped
Thank you to the thousands of families who have trusted Sunset to help settle their loved ones' estates. This page is shaped by the questions they actually asked and the obstacles they actually hit — and that hard-won experience is what keeps it accurate, current, and genuinely useful to the families who come next.