Back to North Dakota
Towner County, ND Probate Information
Quick facts
| Item | Towner County details |
|---|---|
| Court | The district court in Towner County, at the Towner County Courthouse in Cando (N.D.C.C. § 27-05-06) |
| Courthouse address | Towner County Courthouse, 315 2nd Street, Cando, ND 58324 |
| Mailing address | Towner County Courthouse, P.O. Box 517, Cando, ND 58325 |
| Clerk of district court | File with the clerk of district court in Towner County (N.D. Sup. Ct. Admin. R. 46) |
| Phone | (701) 968-4340 |
| Fax | (701) 968-4344 |
| Hours | 8:30 a.m. to 5:00 p.m., Monday through Friday |
| Filing fee | $160, effective July 1, 2025, for filing a probate case under N.D.C.C. § 27-05.2-03 and the North Dakota Court Fee Schedule |
| Local forms | No Towner County probate forms are listed. Use the statewide North Dakota Legal Self Help Center materials at ndcourts.gov/legal-self-help. |
| E-filing | Represented parties file through Odyssey. Self-represented filers may file paper documents in person, by mail, or by third-party commercial carrier, and may use Odyssey if they choose. Original wills may be filed on paper (N.D.R.Ct. 3.5). |
| Case search | North Dakota Courts Records Inquiry at publicsearch.ndcourts.gov. Select Towner County; data is current through the end of the previous business day. |
| Remote appearance | A party may ask for reliable electronic means by written motion, and the court decides (N.D. Sup. Ct. Admin. R. 52). |
| Court website | https://www.ndcourts.gov/court-locations/towner-county |
Before you begin — know the assets and liabilities
Before you file in Cando, list the assets, debts, account holders, real property, and likely heirs or devisees. The right estate settlement path depends on what exists, who is entitled to it, and whether the original will can be delivered to the courthouse on paper.
Sunset's 2,300-institution asset discovery helps families find accounts, policies, and balances before they prepare the probate packet. That work makes the Towner County filing more complete and helps avoid repeat trips or mailings.
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 Towner 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 Towner County is filed with the clerk of district court at the county courthouse in Cando. Towner 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 informal application asks for the county and state of the decedent's domicile at death. For a Towner County resident's estate, start with the Towner County Courthouse in Cando (N.D.C.C. § 30.1-14-01).
The jurisdiction process
- Choose the correct starting papers. Informal probate uses an application under N.D.C.C. ch. 30.1-14; formal probate uses a petition under N.D.C.C. ch. 30.1-15.
- Prepare the statewide North Dakota Legal Self Help Center forms when they fit the situation. The Center is at ndcourts.gov/legal-self-help, and its materials explain that an attorney is not required for informal probate or appointment procedure (N.D.C.C. § 30.1-14-01.1).
- File with the clerk of district court in Towner County at 315 2nd Street, Cando, ND 58324, or mail paper filings to P.O. Box 517, Cando, ND 58325. The clerk of district court receives and keeps filed papers (N.D. Sup. Ct. Admin. R. 46).
- Handle electronic filing correctly. Represented parties use Odyssey, while self-represented filers may file paper documents in person, by mail, or by third-party commercial carrier. Original wills, codicils, and other documents of independent legal significance may be filed on paper (N.D.R.Ct. 3.5).
- Pay the $160 filing fee, effective July 1, 2025, unless the court grants a fee waiver. The fee is set by N.D.C.C. § 27-05.2-03 and the North Dakota Court Fee Schedule; the fee waiver request is available through ndcourts.gov/legal-self-help/fee-waiver.
- After the papers are filed, the court reviews the application, makes the findings the statute requires, and issues a written statement of informal probate when the requirements are met (N.D.C.C. §§ 30.1-14-02, 30.1-14-03).
- If the matter is formal, contested, or otherwise set for hearing, follow the court's scheduling instructions. A party who wants reliable electronic means must first contact the other parties, then serve a written motion at least seven days before the proceeding; any response is served at least four days before (N.D. Sup. Ct. Admin. R. 52).
- When appointment requirements are met, the court issues letters testamentary if there is a will or letters of administration if there is not. In an informal appointment, the statute gives the court ten working days after all requirements have been met (N.D.C.C. § 30.1-14-07).
- Administer the estate as personal representative. Track claims under N.D.C.C. ch. 30.1-19, prepare the inventory and appraisement within six months after appointment or nine months after death, whichever is later (N.D.C.C. § 30.1-18-06), and close under the applicable Title 30.1 procedure.
Forms and documents
Probate forms in Towner County
There are no Towner County probate forms and no local cover sheet listed for the Cando courthouse. Towner County filers use the statewide materials published through the North Dakota Legal Self Help Center at ndcourts.gov/legal-self-help.
North Dakota law requires the court to provide 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 procedure (N.D.C.C. § 30.1-14-01.1). The Center also warns that its forms are not accepted for every situation, that courts are not required to accept every Center form, and that forms are not available for formal proceedings.
The clerk may provide a printed probate form set for $5, effective July 1, 2025, under N.D.C.C. § 27-05.2-03 and the North Dakota Court Fee Schedule. The same materials are available online through the North Dakota Legal Self Help Center at ndcourts.gov/legal-self-help.
Local nuance
Towner County-specific considerations
Be careful with the name. This page is about Towner County, whose courthouse is in Cando. The city named Towner is in McHenry County, which is a different county in the same Northeast Judicial District (N.D. Sup. Ct. Admin. R. 6).
The supreme court's stated intent is that residents receive judicial services in their own county without needing to travel to the chamber cities, while judges travel within the district under the presiding judge's schedule and direction (N.D. Sup. Ct. Admin. R. 6). Treat that as an intent statement, not as a guarantee about any particular Towner County hearing.
Recent updates
| Change | What it means for Towner County filings |
|---|---|
| Statewide court fee increase | The probate filing fee is $160, effective July 1, 2025, under N.D.C.C. § 27-05.2-03 and the North Dakota Court Fee Schedule. |
Page last reviewed: August 2026.
Scenarios
| Scenario | Likely Towner County path | Where Sunset helps |
|---|---|---|
| Surviving spouse w/ co-owned home | Start by identifying whether anything must be opened in the district court in Towner County. If probate is needed, file with the clerk of district court in Cando, deliver the original will on paper when there is one, and pay the $160 filing fee, effective July 1, 2025, under N.D.C.C. § 27-05.2-03. | Sunset helps find accounts, organize the home and title questions, and generate a probate packet for review before filing. |
| Out-of-state adult child w/ small estate | For a small estate issue, check the North Dakota Title 30.1 personal property options on the state page and N.D.C.C. ch. 30.1-23 before filing. If a Towner County probate case is needed, a self-represented filer may mail paper documents to P.O. Box 517, Cando, ND 58325, and may use Odyssey if preferred (N.D.R.Ct. 3.5). | Sunset helps decide what property exists, prepare mailing-ready documents, and coordinate attorney review when distance makes local steps harder. |
| Parent settling predeceased child's estate, home must be sold | A sale usually requires appointment of a personal representative and letters testamentary or letters of administration. File the application with the clerk of district court in Cando; after requirements are met, the court issues letters within ten working days in an informal appointment (N.D.C.C. § 30.1-14-07). Certified copies cost $20, effective July 1, 2025, under N.D.C.C. § 27-05.2-03 and the North Dakota Court Fee Schedule. | Sunset helps gather asset information, prepare the court packet, and connect the family with a local probate attorney for sale-related questions. |
Self-help resources
| Resource | How it helps | Link or phone |
|---|---|---|
| North Dakota Legal Self Help Center | Publishes the informal probate overview, guidebook and forms, formal proceeding overview, personal property affidavit information, and fee waiver request. | https://www.ndcourts.gov/legal-self-help |
| Towner County courthouse page | Lists the Cando courthouse address, mailing address, hours, phone, and fax for the clerk of district court in Towner County (N.D. Sup. Ct. Admin. R. 46). | https://www.ndcourts.gov/court-locations/towner-county |
| North Dakota Courts Records Inquiry | Use the Civil, Family & Probate Case Records category, select Towner County, and remember that data is current through the end of the previous business day. | https://publicsearch.ndcourts.gov/ |
| Legal Services of North Dakota | Statewide civil legal aid with listed practice areas including government benefits, family, health, consumer, housing, and elderly law. Call to ask whether help is available for your situation. | https://lsnd.org/; under age 60: 1-800-634-5263; age 60 and over: 1-866-621-9886 |
| North Dakota attorney search | Use the North Dakota Courts lawyer search when you need a probate attorney for a contested matter, sale of real estate, tax question, or formal proceeding. | https://www.ndcourts.gov/lawyers |
When to hire an attorney
A lawyer makes sense when heirs disagree, a will may be challenged, the estate owns real property that must be sold, creditors are active, or the case must proceed formally under N.D.C.C. ch. 30.1-15. 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 legal advice can keep a difficult estate settlement from stalling. Sunset connects to a vetted attorney.
How Sunset helps
Find the accounts and assets. Sunset searches across 2,300 institutions to help identify accounts, insurance, retirement assets, and other property before the Towner County filing is prepared.
Generate the probate packet. Sunset organizes the facts, heirs, assets, debts, and local filing details into an estate settlement packet that can be reviewed and filed with the clerk of district court in Towner County (N.D. Sup. Ct. Admin. R. 46).
Find a local probate attorney. When a home must be sold, a formal proceeding is needed, or family members disagree, Sunset helps connect the family with a probate attorney who can advise on North Dakota law.
Sunset is free for families. Families can use Sunset to organize estate settlement, understand the next steps in Cando, and decide whether to file themselves or work with counsel.
Frequently asked questions
Where do I file probate in Towner County?
File with the clerk of district court at the Towner County Courthouse, 315 2nd Street, Cando, ND 58324, or mail paper filings to P.O. Box 517, Cando, ND 58325. The district court handles these cases under N.D.C.C. § 27-05-06, and the clerk of district court keeps the filed papers under N.D. Sup. Ct. Admin. R. 46.
Is Towner County probate filed in Cando or in the city of Towner?
File in Cando. Towner County's courthouse is in Cando. The city named Towner is in McHenry County, which is a different county in the Northeast Judicial District (N.D. Sup. Ct. Admin. R. 6).
What are the clerk's hours in Cando?
The Towner County courthouse hours are 8:30 a.m. to 5:00 p.m., Monday through Friday. Call (701) 968-4340 before a special trip.
Do I have to e-file in Towner County if I am handling this myself?
Represented parties use Odyssey. A self-represented filer may file paper documents in person, by mail, or by third-party commercial carrier, and may use Odyssey if desired. Electronic filing is governed by N.D.R.Ct. 3.5.
Can I mail the original will to the Towner 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. Use the mailing address listed for the Towner County Courthouse, P.O. Box 517, Cando, ND 58325, or call the clerk before sending a valuable original.
How much does it cost to file probate in Towner County?
The filing fee is $160, effective July 1, 2025, under N.D.C.C. § 27-05.2-03 and the North Dakota Court Fee Schedule. A fee waiver request is available through ndcourts.gov/legal-self-help/fee-waiver.
Are there Towner County probate forms?
There are no Towner County probate forms listed for the Cando courthouse. Use the statewide North Dakota Legal Self Help Center materials at ndcourts.gov/legal-self-help. For informal probate, the court must provide necessary forms to an applicant who requests aid, and the assistance of an attorney is not required for that procedure (N.D.C.C. § 30.1-14-01.1).
Can I look up a Towner County probate case online?
Use the North Dakota Courts Records Inquiry at publicsearch.ndcourts.gov and select Towner County. The search includes Civil, Family & Probate Case Records, and data is current through the end of the previous business day.
Will I have to travel to another city for a Towner County hearing?
The supreme court's stated intent is that residents receive judicial services in their own county without needing to travel to chamber cities (N.D. Sup. Ct. Admin. R. 6). That is an intent statement, not a guarantee for a particular hearing.
Can I ask to appear by reliable electronic means?
Yes, by asking the court under N.D. Sup. Ct. Admin. R. 52. A party must first attempt to contact the other parties, then serve a written motion at least seven days before the proceeding; any response is served at least four days before. The court decides.
How long until letters are issued in an informal Towner County case?
After all requirements for informal appointment 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). The time runs from completion of the requirements, not simply from the day papers arrive.
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.