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Sioux County, ND Probate Information
Quick facts
| Item | Sioux County detail |
|---|---|
| Court | District court in Sioux County, at the Sioux County Courthouse in Fort Yates (N.D.C.C. § 27-05-06) |
| Courthouse address | Sioux County Courthouse, 300 2nd Ave, Fort Yates, ND 58538 |
| Mailing address | Sioux County Courthouse, P.O. Box L, Fort Yates, ND 58538 |
| Phone | (701) 854-3853 |
| Fax | (701) 854-3854 |
| Hours | 8:00 a.m. to 4:00 p.m.; the Sioux County page lists no noon closure |
| Filing fee | $160, effective July 1, 2025, for filing a probate case under N.D.C.C. § 27-05.2-03 |
| Local forms | Sioux County publishes no county-specific probate forms or cover sheet; use the North Dakota Legal Self Help Center materials at ndcourts.gov/legal-self-help |
| E-filing status | Represented parties file through Odyssey; a self-represented filer may file paper documents in person, by mail, or by commercial carrier, and may use Odyssey if preferred (N.D.R.Ct. 3.5) |
| Case search | North Dakota Courts Records Inquiry at publicsearch.ndcourts.gov; select Sioux County, and note that information is current through the end of the previous business day |
| Remote appearance | A party may ask by written motion for reliable electronic means under N.D. Sup. Ct. Admin. R. 52; court approval is required |
| Website | https://www.ndcourts.gov/court-locations/sioux-county |
Before you begin — know the assets and liabilities
Before you file in Fort Yates, build a clear asset and debt list. North Dakota filings depend on what property is part of the estate settlement, whether an original will exists, who has the right to serve, and whether the case belongs in Sioux County based on domicile and venue (N.D.C.C. ch. 30.1-13; N.D.C.C. § 30.1-14-01).
Sunset's asset discovery covers more than 2,300 financial institutions, helping families find accounts, debts, and policy information before choosing the right filing path. That upfront work helps you bring a more complete probate packet to the clerk of district court in Sioux County (N.D. Sup. Ct. Admin. R. 46).
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 Sioux 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 Sioux County is filed with the clerk of district court at the county courthouse in Fort Yates. Sioux County is one of the 9 counties in the South Central Judicial District, with Burleigh, Emmons, Grant, McLean, Mercer, Morton, Oliver, and Sheridan; that is how judges and district administration are organized, but 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 supreme court's stated intent is that residents receive judicial services in their own county without the need to travel to chamber cities, under the schedule and direction of the presiding judge of the district (N.D. Sup. Ct. Admin. R. 6). Treat that as an intent, not a guarantee for every hearing.
The jurisdiction process
- Identify the estate assets, debts, heirs, devisees, and any original will before you choose a filing path. Venue depends on North Dakota probate venue rules and the decedent's domicile information in the application (N.D.C.C. ch. 30.1-13; N.D.C.C. § 30.1-14-01).
- Use the statewide North Dakota Legal Self Help Center informal probate materials when the case fits an informal filing under N.D.C.C. ch. 30.1-14. If the case requires formal probate, it proceeds by petition under N.D.C.C. ch. 30.1-15, and the Center says you must prepare those papers yourself or work with a lawyer.
- File with the clerk of district court at the Sioux County Courthouse, 300 2nd Ave, Fort Yates, ND 58538, or mail the filing to P.O. Box L, Fort Yates, ND 58538 (N.D. Sup. Ct. Admin. R. 46). Represented parties file through Odyssey; a self-represented filer may file on paper or may use Odyssey (N.D.R.Ct. 3.5).
- Submit the original will, if there is one, on paper. North Dakota's electronic filing rule allows original wills, codicils, and other documents of independent legal significance to be filed as paper documents (N.D.R.Ct. 3.5).
- Pay the $160 filing fee, effective July 1, 2025, unless the court grants a fee waiver request through the ndcourts.gov fee-waiver process (N.D.C.C. § 27-05.2-03).
- Complete any notice steps that apply. A personal representative may publish notice to creditors once a week for three successive weeks and mail notice to known and reasonably ascertainable creditors, which changes the claims period under N.D.C.C. ch. 30.1-19 and N.D.C.C. § 30.1-19-01.
- If the filing is informal and complete, the court reviews the application, makes the required findings, issues any written statement of informal probate, and issues letters testamentary or letters of administration within ten working days after all informal requirements have been met (N.D.C.C. §§ 30.1-14-02, 30.1-14-03, 30.1-14-07).
- If a hearing is set, ask about timing and location with the Sioux County clerk. A party who wants reliable electronic means must follow the written-motion procedure in N.D. Sup. Ct. Admin. R. 52, including service at least seven days before the proceeding and any response at least four days before.
- After appointment, administer the estate, handle required creditor and inventory duties under N.D.C.C. § 30.1-18-06, distribute property under the will or intestacy rules, and complete the final court steps needed to close the case under N.D.C.C. ch. 30.1-21.
Forms and documents
Probate forms in Sioux County
Sioux County publishes no county-specific probate forms or local probate cover sheet. A Sioux County filer uses the statewide North Dakota Legal Self Help Center materials at ndcourts.gov/legal-self-help, including the informal probate guidebook and related forms for an informal case under N.D.C.C. ch. 30.1-14.
The statewide materials do not cover every situation. For a case under N.D.C.C. ch. 30.1-15, the Legal Self Help Center says you create your own documents or retain a lawyer to create them.
Recent updates
Scenarios
| Scenario | Local path | Where Sunset helps |
|---|---|---|
| Surviving spouse with co-owned home | Start by identifying which assets actually need court authority. If a Sioux County filing is needed, file with the clerk of district court in Fort Yates, send any original will on paper, and pay the $160 filing fee effective July 1, 2025 under N.D.C.C. § 27-05.2-03. | Sunset organizes accounts, property, debts, and documents so the spouse can see what belongs in the estate settlement packet. |
| Out-of-state adult child with a small estate | Check the statewide North Dakota small estate rules before opening a case, because the affidavit route is governed by N.D.C.C. ch. 30.1-23. If a Sioux County case is still needed, a self-represented filer may mail paper documents to P.O. Box L, Fort Yates, ND 58538, or use Odyssey if preferred (N.D.R.Ct. 3.5). | Sunset helps locate accounts and prepare an organized probate packet before the adult child mails or files papers. |
| Parent settling predeceased child's estate, home must be sold | A sale commonly requires an appointed personal representative with letters testamentary or letters of administration before closing can proceed. In an informal case, the court issues letters within ten working days after all requirements have been met (N.D.C.C. § 30.1-14-07). | Sunset helps identify the asset picture, generate documents, and connect the family with a local probate attorney when a sale or title issue needs legal review. |
Self-help resources
| Resource | How it helps | Link or phone |
|---|---|---|
| Sioux County courthouse page | Courthouse address, mailing address, phone, fax, and listed hours for Fort Yates | https://www.ndcourts.gov/court-locations/sioux-county |
| North Dakota Legal Self Help Center | Statewide self-help materials, informal probate guidebook, personal property affidavit information, and fee waiver links through ndcourts.gov/legal-self-help | https://www.ndcourts.gov/legal-self-help |
| North Dakota Courts Records Inquiry | Case lookup for Civil, Family & Probate Case Records; select Sioux County, and note that information is current through the end of the previous business day | https://publicsearch.ndcourts.gov/ |
| North Dakota Attorney Search | Search for a North Dakota lawyer through the state court website | https://www.ndcourts.gov/lawyers |
| Legal Services of North Dakota | Statewide civil legal aid intake; call to ask whether help is available for your situation | https://lsnd.org/; 1-800-634-5263 for under 60; 1-866-621-9886 for age 60 and over |
When to hire an attorney
A lawyer can be especially helpful when the estate includes a home sale, disputes among heirs, unclear right to serve, missing documents, or a formal probate petition under N.D.C.C. ch. 30.1-15. If you want local help after organizing the estate settlement information, 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 find accounts, insurance, debts, and other assets that may belong in the estate settlement.
Generate the probate packet. Sunset turns the family's information into an organized packet so you know what to bring or mail to the clerk of district court in Sioux County (N.D. Sup. Ct. Admin. R. 46).
Find a local probate attorney. When a sale, dispute, or formal filing needs legal judgment, Sunset can connect the family with a vetted North Dakota probate attorney.
Sunset is free for families. Families can use Sunset to organize the work, understand next steps, and decide whether they want attorney help before filing in Fort Yates.
Frequently asked questions
Where do I file probate in Sioux County?
File with the clerk of district court at the Sioux County Courthouse, 300 2nd Ave, Fort Yates, ND 58538, or mail papers to Sioux County Courthouse, P.O. Box L, Fort Yates, ND 58538 (N.D.C.C. § 27-05-06; N.D. Sup. Ct. Admin. R. 46).
What are the clerk's hours in Fort Yates?
The Sioux County courthouse page lists courthouse hours as 8:00 a.m. to 4:00 p.m. and lists no noon closure. Call (701) 854-3853 before traveling if timing matters.
Do I have to e-file in Sioux County?
Represented parties file electronically through Odyssey. A self-represented filer may file paper documents in person, by mail, or by commercial carrier, and may use Odyssey if preferred (N.D.R.Ct. 3.5).
Can I mail the original will to Sioux County?
Yes. North Dakota's electronic filing rule allows original wills, codicils, and other documents of independent legal significance to be filed on paper, so the original will must reach the courthouse in paper form (N.D.R.Ct. 3.5).
How much does it cost to file probate in Sioux County?
The filing fee is $160, effective July 1, 2025, for filing a probate case under N.D.C.C. § 27-05.2-03. A fee waiver request is available through ndcourts.gov if you cannot afford the cost.
Are there Sioux County probate forms?
Sioux County publishes no county-specific probate forms. Use the North Dakota Legal Self Help Center materials at ndcourts.gov/legal-self-help for statewide informal probate materials under N.D.C.C. ch. 30.1-14.
Can I look up a Sioux County probate case online?
Use the North Dakota Courts Records Inquiry at publicsearch.ndcourts.gov and select Sioux County. The system includes Civil, Family & Probate Case Records, and its information is current through the end of the previous business day.
Will I have to travel outside Sioux County for a hearing?
Sioux County is in the South Central Judicial District. The supreme court's stated intent is that residents receive judicial services in their own county without the need to travel to chamber cities, but that is an intent rather than a guarantee for every hearing (N.D. Sup. Ct. Admin. R. 6).
Can I ask for a remote appearance in a Sioux County probate hearing?
A party may ask the court to use reliable electronic means by written motion under N.D. Sup. Ct. Admin. R. 52. The moving party must contact the other parties first, serve the motion at least seven days before the proceeding, and any response is due at least four days before the proceeding unless the court shortens time for good cause.
How long until letters are issued in an informal Sioux County case?
In an informal case, the court issues letters testamentary or letters of administration within ten working days after all requirements for informal proceedings have been met (N.D.C.C. § 30.1-14-07).
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.