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Stark County, ND Probate Information
Quick facts
| Item | Stark County detail |
|---|---|
| Court | The district court in Stark County, at the Stark County Courthouse in Dickinson (N.D.C.C. § 27-05-06). |
| Filing officer | Clerk of district court in Stark County (N.D. Sup. Ct. Admin. R. 46). |
| Courthouse address | Stark County Courthouse, 51 3rd St E, Dickinson, ND 58601. |
| Mailing address | No separate mailing address is listed by the court. Use the courthouse address unless the clerk gives different instructions. |
| Phone | (701) 227-3184. |
| Fax | (701) 227-3185, contact detail only. |
| [email protected]. | |
| Hours | 8:00 a.m. to 5:00 p.m., Monday through Thursday, and 8:00 a.m. to noon on Friday, Mountain Time. Closed on legal holidays. |
| Opening charge | $160, effective July 1, 2025, for filing probate, guardianship, or another Title 30.1 testamentary case (N.D.C.C. § 27-05.2-03). |
| Local forms | Stark County does not add county-only probate forms or a local cover page. Use the statewide North Dakota Legal Self Help Center materials at ndcourts.gov/legal-self-help. |
| E-filing | 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 third party commercial carrier, or may use Odyssey by choice. Original wills may be filed as paper documents (N.D.R.Ct. 3.5). |
| Case search | North Dakota Courts Records Inquiry, publicsearch.ndcourts.gov. Choose Stark County and the Civil, Family & Probate Case Records category. The portal states that data is current through the end of the previous business day. |
| Remote appearance | A court may conduct a proceeding by reliable electronic means on its own motion or on a party's written motion. This is handled under N.D. Sup. Ct. Admin. R. 52 and is not automatic. |
| Court website | www.ndcourts.gov/court-locations/stark-county. |
Before you begin — know the assets and liabilities
Before you file in Dickinson, make a working list of the decedent's assets, debts, accounts, title documents, and any will or codicil. The right estate settlement path depends on what exists, what is jointly owned, whether an original will must be delivered to the courthouse, and whether anyone is likely to object.
Sunset's 2,300-institution asset discovery can help identify bank, brokerage, retirement, insurance, loan, and other account relationships before you choose forms or ask a lawyer to review the plan. That list makes the local filing step at the Stark County Courthouse more focused.
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 Stark 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 Stark County is filed with the clerk of district court at the county courthouse in Dickinson. Stark County is one of the 8 counties in the Southwest 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).
Venue is handled under N.D.C.C. ch. 30.1-13. An informal probate application must state the county and state of the decedent's domicile at the time of death, or state the basis for venue if the decedent was not domiciled in North Dakota (N.D.C.C. § 30.1-14-01).
The Stark County Courthouse in Dickinson serves all of Stark County.
The jurisdiction process
- Choose the correct starting papers. For an informal probate or informal appointment, use an application under N.D.C.C. ch. 30.1-14. For a formal probate matter, use a petition under N.D.C.C. ch. 30.1-15. If there is an original will, keep it ready for paper delivery because original wills may be filed as paper documents (N.D.R.Ct. 3.5).
- Prepare the statewide forms or lawyer-drafted papers. Stark County does not add county-only probate forms; the North Dakota Legal Self Help Center materials are at ndcourts.gov/legal-self-help, and the informal form statute is N.D.C.C. § 30.1-14-01.1.
- File with the clerk of district court at the Stark County Courthouse, 51 3rd St E, Dickinson, ND 58601, during courthouse hours. The clerk of district court takes filings, collects money paid to the court, and keeps court papers under N.D. Sup. Ct. Admin. R. 46.
- Pay the $160 opening charge, effective July 1, 2025, for filing a Title 30.1 probate case (N.D.C.C. § 27-05.2-03). If you cannot afford the charge, review the Filing Fee Waiver Request at ndcourts.gov/legal-self-help/fee-waiver.
- Follow the filing method rule. 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 third party commercial carrier, or may use Odyssey by choice (N.D.R.Ct. 3.5).
- Handle notice and creditor steps after appointment. A personal representative may publish a notice to creditors once a week for three successive weeks and mail notice to known or reasonably ascertainable creditors; the creditor claim rules are in N.D.C.C. ch. 30.1-19, including N.D.C.C. § 30.1-19-01.
- Watch whether a hearing is part of the path. Informal probate under N.D.C.C. ch. 30.1-14 can proceed without a court hearing when the statutory requirements are met. Formal probate under N.D.C.C. ch. 30.1-15 includes hearing steps set by the court.
- If a hearing is set and travel is a problem, ask about reliable electronic means by written motion under N.D. Sup. Ct. Admin. R. 52. The motion must be served at least seven days before the proceeding, any response is due at least four days before, and the court may shorten those times for good cause.
- After the requirements for an informal appointment are met, the court issues letters testamentary when there is a will or letters of administration when there is not. North Dakota's statute gives the court ten working days after all informal-proceeding requirements have been met (N.D.C.C. § 30.1-14-07).
- Administer the estate, gather and value property, address allowed claims, distribute property, and use the proper closing procedure under N.D.C.C. ch. 30.1-21 when the estate is ready to finish.
Forms and documents
Probate forms in Stark County
Stark County does not add county-only probate forms or a local cover page. A Stark County filer uses the statewide North Dakota Legal Self Help Center materials at ndcourts.gov/legal-self-help, including the informal probate guidebook and general probate resources.
For informal probate and informal appointment, North Dakota law says the court shall provide necessary forms to an applicant who asks for aid in using the informal procedure, and 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 its forms are not official court forms and courts are not required to accept them.
For formal probate under N.D.C.C. ch. 30.1-15, the Center says forms are not available. If the matter needs formal papers, you create the legal documents yourself or work with a lawyer.
Local nuance
Stark County-specific considerations
| Local point | What to do |
|---|---|
| Mountain Time and short Friday | The Stark County Courthouse is open 8:00 a.m. to 5:00 p.m., Monday through Thursday, and 8:00 a.m. to noon on Friday, Mountain Time. Plan any Friday filing for the morning. |
| Front-door security | Enter through the front doors. Security officers check purses, bags, and similar items before you proceed inside. |
| Parking and access | Parking is free in front of the courthouse and in a parking lot on the east side. A handicap ramp is also provided. |
| Southwest Judicial District | Stark County is in the Southwest Judicial District with 7 other counties, but the probate case is filed at the Stark County Courthouse in Dickinson (N.D. Sup. Ct. Admin. R. 6). |
Recent updates
Scenarios
| Scenario | Likely Stark County path | Where Sunset helps |
|---|---|---|
| Surviving spouse with co-owned home | Start by separating jointly owned assets from assets that require a personal representative. If a court filing is needed, file at the Stark County Courthouse in Dickinson, pay the $160 opening charge effective July 1, 2025 (N.D.C.C. § 27-05.2-03), and plan around Mountain Time hours and the Friday noon closing. | Sunset helps organize accounts, title questions, debts, and documents before the spouse decides whether informal probate under N.D.C.C. ch. 30.1-14 is enough or a lawyer should review the plan. |
| Out-of-state adult child with small estate | Review North Dakota's chapter 30.1-23 options before opening a case. If a Stark County probate filing is needed, a self-represented filer may file paper documents by mail or commercial carrier, or may use Odyssey by choice, while represented parties use Odyssey (N.D.R.Ct. 3.5). The original will still needs paper handling under N.D.R.Ct. 3.5. | Sunset helps identify accounts and prepare a packet for local review so the adult child can avoid unnecessary travel where paper filing or e-filing rules allow. |
| 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. File in Dickinson; after all informal-proceeding requirements are met, the court has ten working days to issue letters (N.D.C.C. § 30.1-14-07). Certified copies are $20 under N.D.C.C. § 27-05.2-03. | Sunset helps assemble asset information, generate the probate packet, and connect the parent with a North Dakota probate attorney when the sale, title, or family facts need legal judgment. |
Self-help resources
| Resource | How it helps | Contact |
|---|---|---|
| North Dakota Legal Self Help Center | Statewide self-help pages, informal probate materials under N.D.C.C. ch. 30.1-14, personal-property affidavit information under N.D.C.C. ch. 30.1-23, and fee-waiver materials. | ndcourts.gov/legal-self-help |
| Informal probate page | Guidebook and general-use forms for informal probate and informal appointment. Use for Stark County filings unless your matter needs custom documents. | ndcourts.gov/legal-self-help/informal-probate |
| Formal probate overview | Explains formal probate under N.D.C.C. ch. 30.1-15 and states that the Center does not provide forms for that path. | ndcourts.gov/legal-self-help/formal-probate |
| Stark courthouse page | Courthouse address, clerk contact information, hours, security, and parking details for the Dickinson courthouse. | ndcourts.gov/court-locations/stark-county |
| North Dakota Courts Records Inquiry | Case search for Civil, Family & Probate Case Records. Select Stark County; publicsearch.ndcourts.gov states that data is current through the end of the previous business day. | publicsearch.ndcourts.gov |
| North Dakota attorney search | Search for North Dakota lawyers through the court system's attorney search. | ndcourts.gov/lawyers |
| Legal Services of North Dakota | Statewide civil legal aid intake. The information reviewed does not say whether it takes decedents' estate cases, so call to ask about fit. | lsnd.org. Under age 60: 1-800-634-5263. Age 60 and over: 1-866-621-9886. |
When to hire an attorney
North Dakota law says the assistance of an attorney is not required for informal probate or appointment procedure (N.D.C.C. § 30.1-14-01.1), but counsel often makes sense when there is a home sale, unclear title, a creditor dispute, missing heirs, objections, tax questions, or a formal probate path under N.D.C.C. ch. 30.1-15. Sunset connects to a vetted attorney.
How Sunset helps
Find the accounts and assets. Sunset helps families build a clearer picture of accounts, insurance, debts, real estate, and other property before the Stark County filing decision is made.
Generate the probate packet. Sunset uses the information you provide to assemble a practical probate packet for estate settlement, including the documents and local courthouse details needed for filing in Dickinson.
Find a local probate attorney. When the estate needs legal judgment, a formal probate petition under N.D.C.C. ch. 30.1-15, or help with a sale, Sunset can connect the family with a vetted North Dakota probate attorney.
Sunset is free for families. Families can use Sunset to organize estate settlement tasks, find assets, and understand the Stark County filing path without paying Sunset.
Frequently asked questions
Where do I file probate in Stark County?
File with the clerk of district court at the Stark County Courthouse, 51 3rd St E, Dickinson, ND 58601. The filing is in the district court in Stark County (N.D.C.C. § 27-05-06; N.D. Sup. Ct. Admin. R. 46).
What are the clerk's hours in Dickinson?
The Stark County Courthouse is open 8:00 a.m. to 5:00 p.m., Monday through Thursday, and 8:00 a.m. to noon on Friday, Mountain Time. It is closed on legal holidays.
Do I have to e-file in Stark County if I am self-represented?
No. Under N.D.R.Ct. 3.5, represented parties file electronically through Odyssey, but a self-represented filer is exempt from the electronic filing requirement and may file paper documents in person, by mail, or by third party commercial carrier. A self-represented filer may also use Odyssey by choice.
Can I mail the original will to the Stark County Courthouse?
Original wills, codicils, and other documents of independent legal significance may be filed as paper documents under N.D.R.Ct. 3.5. If you plan to mail the original will, call the clerk of district court in Stark County first at (701) 227-3184 so you use the correct delivery instructions (N.D. Sup. Ct. Admin. R. 46).
How much does it cost to open probate in Stark County?
The opening charge is $160, effective July 1, 2025, for filing probate, guardianship, or another 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 Stark County probate forms?
Stark County does not add county-only probate forms. Use the statewide North Dakota Legal Self Help Center materials at ndcourts.gov/legal-self-help. For informal probate, the form statute is N.D.C.C. § 30.1-14-01.1.
Can I look up a Stark County probate case online?
Use the North Dakota Courts Records Inquiry at publicsearch.ndcourts.gov. Select Stark County and the Civil, Family & Probate Case Records category. The portal states that data is current through the end of the previous business day.
Can I ask for remote appearance in a Stark County probate hearing?
You may file a written motion asking the court to use reliable electronic means under N.D. Sup. Ct. Admin. R. 52. Before filing, contact the other parties to learn whether they agree or object. 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.
How long until letters are issued in Stark County?
After all requirements for informal proceedings have been met, the court must issue letters testamentary or letters of administration within ten working days (N.D.C.C. § 30.1-14-07). That period runs from completion of the requirements, not simply from the day a packet is delivered.
What should I expect at the Stark County Courthouse entrance?
Use the front doors. Security officers check purses, bags, and similar items. Free parking is available in front of the courthouse and in a parking lot on the east side, with a handicap ramp.
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.