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Pembina County, ND Probate Information
Quick facts
| Item | Pembina County information |
|---|---|
| Court | The district court in Pembina County at the Pembina County Courthouse (N.D.C.C. § 27-05-06) |
| Courthouse address | 301 Dakota St. W, #10, Cavalier, ND 58220 |
| Mailing | Use the courthouse address unless the clerk gives different instructions. |
| Clerk of district court | (701) 265-4373. The clerk of district court receives filings and maintains the court file under N.D. Sup. Ct. Admin. R. 46. |
| Fax | (701) 265-4876. Call before relying on fax for any purpose. |
| [email protected] | |
| Hours | 8:00 a.m. to 4:30 p.m., Monday through Friday |
| Filing fee | $160, effective July 1, 2025, for filing a probate, guardianship, or other Title 30.1 testamentary case (N.D.C.C. § 27-05.2-03) |
| Forms | No Pembina County form set or local cover sheet. Use the statewide North Dakota Legal Self Help Center materials at ndcourts.gov/legal-self-help. |
| E-filing | Represented parties file electronically through Odyssey. Self-represented filers are exempt and may file paper documents in person, by mail, or by third party commercial carrier, and may use Odyssey if they choose (N.D.R.Ct. 3.5). |
| Original will | Original wills, codicils, and other documents of independent legal significance may be filed as paper documents (N.D.R.Ct. 3.5). |
| Case search | North Dakota Courts Records Inquiry at publicsearch.ndcourts.gov. Select Pembina County. The portal states that data 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. The court decides under N.D. Sup. Ct. Admin. R. 52. |
| Court website | https://www.ndcourts.gov/court-locations/pembina-county |
Before you begin — know the assets and liabilities
Before you choose forms or contact the clerk, identify the decedent's assets, debts, beneficiary designations, and whether the decedent left an original will. Estate settlement in Pembina County starts faster when you know what property actually needs court authority and what may transfer outside the court file.
Sunset's asset discovery searches more than 2,300 institutions to help families find accounts and organize estate settlement before filing. Use that inventory to decide what to ask the clerk, what to send to the courthouse in Cavalier, and whether you need a local probate attorney.
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 Pembina County Courthouse (N.D. Const. art. VI, §§ 1, 8; N.D.C.C. § 27-05-06). 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 Pembina County is filed with the clerk of district court at the county courthouse in Cavalier. Pembina County is one of the 11 counties in the Northeast 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 Cavalier serves Pembina County matters when North Dakota venue belongs in Pembina County. An informal application must state the county and state of the decedent's domicile at the time of death, and if the decedent was not domiciled in North Dakota it must state facts showing venue (N.D.C.C. § 30.1-14-01).
The jurisdiction process
- Gather the original will, death certificate information, asset list, debt list, names and addresses of interested persons, and the facts needed to show domicile and venue in Pembina County (N.D.C.C. ch. 30.1-13; N.D.C.C. § 30.1-14-01).
- Choose the correct starting paper. Use an application for informal probate or informal appointment under N.D.C.C. ch. 30.1-14. Use a petition if the matter must proceed formally under N.D.C.C. ch. 30.1-15.
- Prepare the statewide forms available through the North Dakota Legal Self Help Center at ndcourts.gov/legal-self-help. Pembina County does not have its own probate form set or local cover sheet.
- File with the clerk of district court at the Pembina County Courthouse, 301 Dakota St. W, #10, Cavalier, ND 58220. Represented parties file through Odyssey, while self-represented filers may file paper documents in person, by mail, or by third party commercial carrier and may use Odyssey if they choose (N.D.R.Ct. 3.5).
- Deliver the original will on paper if there is one. Original wills, codicils, and other documents of independent legal significance may be filed as paper documents even when other filings are electronic (N.D.R.Ct. 3.5).
- Pay the $160 filing fee, effective July 1, 2025, for filing a probate, guardianship, or other Title 30.1 testamentary case, or submit a fee waiver request through the North Dakota court system if you qualify (N.D.C.C. § 27-05.2-03; ndcourts.gov/legal-self-help/fee-waiver).
- Follow the required notice steps for the path you filed. A personal representative may publish notice to creditors, and if notice is used it affects the claims period under N.D.C.C. §§ 30.1-19-01 and 30.1-19-03.
- If the case is formal or otherwise needs a hearing, wait for court scheduling instructions. A party who wants a proceeding by reliable electronic means must make a written request under N.D. Sup. Ct. Admin. R. 52, including the rule's timing for service.
- When the court grants informal appointment, it issues letters testamentary if there is a will or letters of administration if there is not. In informal proceedings, the court must issue letters within ten working days after all requirements have been met (N.D.C.C. § 30.1-14-07).
- Administer the estate, deal with creditor claims, prepare the inventory or mail it as allowed, distribute property, and finish the estate under North Dakota closing rules (N.D.C.C. ch. 30.1-19; N.D.C.C. § 30.1-18-06; N.D.C.C. ch. 30.1-21).
Forms and documents
Probate forms in Pembina County
There are no Pembina County probate forms and no local cover sheet. A Pembina County filer uses the statewide materials the North Dakota Legal Self Help Center provides at ndcourts.gov/legal-self-help, including the informal probate page, the personal-property affidavit page, the formal case overview, the fee waiver page, and the Guidebook for informal administration of an estate.
North Dakota law requires the court to provide the necessary forms to an applicant who requests help using the informal probate or appointment procedure, and says the assistance of an attorney is not required for that informal procedure (N.D.C.C. § 30.1-14-01.1). The Center also warns that courts are not required to accept its forms, that the forms do not cover every informal situation, and that it does not provide a form set for a formal case under N.D.C.C. ch. 30.1-15.
Local nuance
Pembina County-specific considerations
- Cavalier name issue: Pembina County's courthouse is in the city of Cavalier. Cavalier County is a different North Dakota county, also in the Northeast Judicial District (N.D. Sup. Ct. Admin. R. 6).
- Local filing point: File Pembina County matters at the courthouse in Cavalier even though the Northeast Judicial District includes 11 counties (N.D. Sup. Ct. Admin. R. 6).
- Chambers in Cavalier: The Northeast Judicial District lists a district court judge chambered in Cavalier. That is useful local context, but it is not a promise that every Pembina County hearing will be in Cavalier or assigned to a particular judge (N.D. Sup. Ct. Admin. R. 6; N.D.C.C. § 27-05-06).
- Counter hours: The clerk's public hours are 8:00 a.m. to 4:30 p.m., Monday through Friday. No separate lunch closure is stated for Pembina County.
Recent updates
| Date | Update |
|---|---|
| July 1, 2025 | The North Dakota Court Fee Schedule lists the fee for filing a probate, guardianship, or other Title 30.1 testamentary case as $160, effective July 1, 2025 (N.D.C.C. § 27-05.2-03). |
Page last reviewed: August 2026.
Scenarios
| Situation | Likely Pembina County path | Where Sunset helps |
|---|---|---|
| Surviving spouse with co-owned home | Confirm which assets actually need court authority. If a probate filing is needed, file with the clerk of district court at the Pembina County Courthouse in Cavalier. If there is an original will, deliver it on paper under N.D.R.Ct. 3.5. | Sunset helps identify accounts, debts, beneficiary designations, and property details before the spouse decides what must go into the court file. |
| Out-of-state adult child with a small estate under N.D.C.C. ch. 30.1-23 | A self-represented filer may send paper filings by mail or commercial carrier, or may use Odyssey if preferred (N.D.R.Ct. 3.5). Use the courthouse address in Cavalier unless the clerk gives different mailing instructions. | Sunset helps sort assets and generate a checklist so the child can call the Pembina County clerk with specific questions instead of starting from scratch. |
| Parent settling predeceased child's estate, home must be sold | A home sale usually requires an appointed personal representative with letters testamentary or letters of administration. In an informal proceeding, the court issues letters within ten working days after all requirements are met (N.D.C.C. § 30.1-14-07). As of July 1, 2025, certified copy charges are $20 and additional copies of the same document are $10 (N.D.C.C. § 27-05.2-03). | Sunset helps assemble asset information, prepare the probate packet, and connect the parent with a local probate attorney if a sale, title issue, or dispute makes counsel useful. |
Self-help resources
| Resource | How it helps | Link or phone |
|---|---|---|
| North Dakota Legal Self Help Center | Statewide self-help pages for informal probate, the personal-property affidavit under N.D.C.C. § 30.1-23-01, fee waiver requests, and the informal administration Guidebook. | https://www.ndcourts.gov/legal-self-help |
| Pembina County courthouse page | Local courthouse address, clerk phone, fax, email, and hours for Pembina County. | https://www.ndcourts.gov/court-locations/pembina-county |
| North Dakota Courts Records Inquiry | Case search for Civil, Family & Probate Case Records. Select Pembina County. The portal states that data is current through the end of the previous business day. | https://publicsearch.ndcourts.gov/ |
| North Dakota Attorney Search | Search for North Dakota lawyers through the court system website. | https://www.ndcourts.gov/lawyers |
| Legal Services of North Dakota | Statewide civil legal aid intake. Call to ask whether your issue fits its services. | https://lsnd.org/; under age 60: 1-800-634-5263; age 60 and over: 1-866-621-9886 |
When to hire an attorney
A lawyer is worth considering if the will may be challenged, heirs disagree, a home or farm interest must be sold, creditor claims are uncertain, the decedent lived outside North Dakota, or the case needs a formal petition under N.D.C.C. ch. 30.1-15. North Dakota does not require an attorney for informal probate, but legal advice can prevent filing errors and title problems in a complex estate. Sunset connects families with a vetted attorney when local counsel makes sense.
How Sunset helps
Find the accounts and assets. Sunset searches more than 2,300 institutions to help identify accounts, insurance, retirement assets, and other property that may affect estate settlement in Pembina County.
Generate the probate packet. Sunset turns the family's information into an organized probate packet so you can file with the clerk of district court in Cavalier or review it with an attorney.
Find a local probate attorney. If the estate needs legal advice, a sale, a formal petition, or help with disputes, Sunset can connect you with a vetted attorney familiar with North Dakota estate settlement.
Sunset is free for families. Families can use Sunset to organize the estate, understand next steps, and get connected to professional help without paying Sunset a fee.
Frequently asked questions
Where do I file probate in Pembina County?
File with the clerk of district court at the Pembina County Courthouse, 301 Dakota St. W, #10, Cavalier, ND 58220. The district court handles decedent estate cases in Pembina County (N.D.C.C. § 27-05-06; N.D. Sup. Ct. Admin. R. 46).
What are the clerk's hours in Cavalier?
The Pembina County clerk's public hours are 8:00 a.m. to 4:30 p.m., Monday through Friday. Call (701) 265-4373 before traveling if you need to confirm current counter availability.
Do I have to e-file if I am handling the case myself?
Self-represented filers are exempt from the electronic filing requirement and may file paper documents in person, by mail, or by third party commercial carrier. If a self-represented filer chooses electronic filing, the filing must use Odyssey (N.D.R.Ct. 3.5).
Can I mail the original will to the Pembina County Courthouse?
Original wills, codicils, and other documents of independent legal significance may be filed as paper documents (N.D.R.Ct. 3.5). Use the courthouse address unless the clerk gives different instructions.
How much does it cost to file probate in Pembina County?
The filing fee is $160, effective July 1, 2025, for filing a probate, guardianship, or other Title 30.1 testamentary case (N.D.C.C. § 27-05.2-03). A fee waiver request is available through ndcourts.gov/legal-self-help/fee-waiver.
Are there Pembina County probate forms?
No Pembina County form set is posted for probate. Use the statewide North Dakota Legal Self Help Center materials at ndcourts.gov/legal-self-help. For informal probate, North Dakota law requires the court to provide forms to an applicant who requests aid, and the assistance of an attorney is not required for that informal procedure (N.D.C.C. § 30.1-14-01.1).
Can I look up a Pembina County probate case online?
Use the North Dakota Courts Records Inquiry at publicsearch.ndcourts.gov and select Pembina County. The portal includes Civil, Family & Probate Case Records and states that data is current through the end of the previous business day.
Will I have to travel outside Cavalier for a hearing?
Pembina County is in the Northeast Judicial District, and a district court judge is chambered in Cavalier. The supreme court's stated intent is that residents receive judicial services in their own county without needing to travel to chamber cities, but scheduling remains case specific (N.D. Sup. Ct. Admin. R. 6; N.D.C.C. § 27-05-06).
Can I ask to appear by reliable electronic means?
Yes. A party may ask by written motion for a proceeding by reliable electronic means, and the court decides whether to allow it. The motion must be served at least seven days before the proceeding, and any response must be served at least four days before, unless the court shortens time for good cause (N.D. Sup. Ct. Admin. R. 52).
How long until letters are issued in an informal case?
In an informal appointment, the court must issue letters testamentary or letters of administration within ten working days after all informal-proceeding requirements have been met (N.D.C.C. § 30.1-14-07).
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.