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Wells County, ND Probate Information
Quick facts
| Item | Detail |
|---|---|
| Court | The district court in Wells County, at the Wells County Courthouse in Fessenden (N.D.C.C. § 27-05-06) |
| Filing office | Clerk of district court in Wells County (N.D. Sup. Ct. Admin. R. 46) |
| Courthouse address | Wells County Courthouse, 700 Railway St N, Fessenden, ND 58438 |
| Mailing address | Wells County Courthouse, 700 Railway St N #155, Fessenden, ND 58438 |
| Phone | (701) 547-3122 |
| [email protected] | |
| Hours | Winter hours: 8:00 a.m. to 4:00 p.m., Monday through Friday, closed for lunch from noon to 12:30 p.m. Summer hours: 7:30 a.m. to noon and 12:30 p.m. to 4:00 p.m., Monday through Thursday; 7:30 a.m. to 1:00 p.m. on Friday. |
| Filing charge | $160, effective July 1, 2025, for filing probate, guardianship, or other Title 30.1 testamentary cases (N.D.C.C. § 27-05.2-03; North Dakota Court Fee Schedule item I.19) |
| Local forms | Wells County does not publish separate probate forms or a local probate cover sheet. Use the statewide North Dakota Legal Self Help Center materials at ndcourts.gov/legal-self-help. |
| Electronic filing | Represented parties file 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 (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, https://publicsearch.ndcourts.gov/. Select Wells County. 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 motion (N.D. Sup. Ct. Admin. R. 52). |
| Court website | https://www.ndcourts.gov/court-locations/wells-county |
Before you begin — know the assets and liabilities
Before you file in Fessenden, make a working list of the accounts, debts, real property, vehicles, safe storage, and recurring bills. The filing path depends on what the decedent owned, whether there is an original will, and whether someone needs letters testamentary or letters of administration from the court (N.D.C.C. § 30.1-14-07).
Sunset can support estate settlement before the courthouse step by helping identify accounts and assets through its 2,300-institution asset discovery process. Bring that asset picture to the filing decision, then use Wells County's seasonal hours and mailing address so the packet reaches the clerk of district court in the right place (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 Wells 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 Wells County is filed with the clerk of district court at the county courthouse in Fessenden. Wells County is one of the 14 counties in the Southeast 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 must state the county and state of the decedent's domicile at the time of death (N.D.C.C. § 30.1-14-01). If the case needs a hearing, the supreme court's stated intent is that residents receive judicial services in their own county without the need to travel to the chamber cities, but that is a statement of intent rather than a guarantee for every setting (N.D. Sup. Ct. Admin. R. 6).
The jurisdiction process
- Confirm the filing path before you go to the Wells County Courthouse. Use an application for informal probate or informal appointment under N.D.C.C. ch. 30.1-14, and use a petition for formal probate under N.D.C.C. ch. 30.1-15.
- Prepare the statewide North Dakota Legal Self Help Center materials that fit the case. Wells County does not publish a separate local probate packet, and the Center says its forms are not available for every situation.
- File with the clerk of district court in Wells County at 700 Railway St N, Fessenden, ND 58438, or mail the packet to 700 Railway St N #155, Fessenden, ND 58438 (N.D. Sup. Ct. Admin. R. 46). Check the seasonal courthouse hours before delivering paper documents.
- Pay the $160 filing charge, effective July 1, 2025, for a Title 30.1 testamentary case, unless the court grants a fee waiver through the ndcourts.gov fee waiver process (N.D.C.C. § 27-05.2-03).
- If there is an original will, send or deliver it on paper. Original wills, codicils and other documents of independent legal significance may be filed as paper documents even when other documents are filed electronically (N.D.R.Ct. 3.5).
- If the case is filed electronically, use Odyssey. Represented parties file electronically, while a self-represented filer may file paper documents in person, by mail, or by third party commercial carrier, or may use Odyssey (N.D.R.Ct. 3.5).
- The court reviews an informal application, makes the findings required by statute, issues a written statement of informal probate when applicable, 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).
- Handle notice and claims decisions carefully. A personal representative may publish notice to creditors once a week for three successive weeks and mail notice to known or reasonably ascertainable creditors, which affects the claims period (N.D.C.C. §§ 30.1-19-01, 30.1-19-03).
- If a hearing is set, ask about reliable electronic means by written motion when appropriate. The motion procedure and timing come from N.D. Sup. Ct. Admin. R. 52.
- After appointment, administer the estate, use the court-issued letters as the authority document, prepare the inventory within the statutory timing, address creditor claims, distribute assets, and close the estate under the statewide closing rules (N.D.C.C. §§ 30.1-14-07, 30.1-18-06, 30.1-19-03; N.D.C.C. ch. 30.1-21).
Forms and documents
Probate forms in Wells County
Wells County does not publish separate local probate forms or a county-specific probate cover sheet. Filers use the statewide materials from the North Dakota Legal Self Help Center at ndcourts.gov/legal-self-help, including the informal probate guidebook and related forms.
North Dakota law says the court shall provide the necessary forms to an applicant who requests aid in using the informal probate or appointment procedure, and the assistance of an attorney is not required for that informal procedure (N.D.C.C. § 30.1-14-01.1). A printed set of probate forms from the clerk is listed at $5, effective July 1, 2025, under the North Dakota Court Fee Schedule (N.D.C.C. § 27-05.2-03).
The Center also gives two important warnings: its forms are not official court forms and courts are not required to accept them, and forms are not available for proceedings under N.D.C.C. ch. 30.1-15 or for every situation that may arise in an informal proceeding.
Local nuance
Wells County-specific considerations
Wells County's courthouse hours change by season. In winter, the courthouse is open 8:00 a.m. to 4:00 p.m., Monday through Friday, and closes for lunch from noon to 12:30 p.m. In summer, the courthouse is open 7:30 a.m. to noon and 12:30 p.m. to 4:00 p.m., Monday through Thursday, and 7:30 a.m. to 1:00 p.m. on Friday. The court page does not publish the exact calendar dates when those seasonal schedules switch, so call the clerk of district court before traveling to Fessenden (N.D. Sup. Ct. Admin. R. 46).
The courthouse entrance is on the east side. The courtroom is on the third floor, there is a handicapped accessible elevator, and parking is available on the east and south sides of the courthouse.
Recent updates
Page last reviewed: August 2026.
Scenarios
| Situation | Likely Wells County path | Where Sunset helps |
|---|---|---|
| Surviving spouse with co-owned home | Start by identifying which assets need a court appointment and whether an original will exists. If a Wells County filing is needed, the application goes to the clerk of district court at the courthouse in Fessenden, the original will goes on paper, and the $160 charge is effective July 1, 2025 (N.D.C.C. §§ 27-05.2-03, 30.1-14-07; N.D.R.Ct. 3.5). | Sunset helps assemble the asset list, spot institutions that need letters testamentary or letters of administration, and organize the estate settlement packet for local filing. |
| Out-of-state adult child with small estate under N.D.C.C. ch. 30.1-23 | A self-represented filer may use paper filing by mail to 700 Railway St N #155, Fessenden, ND 58438, or use Odyssey if preferred (N.D.R.Ct. 3.5). If an original will is involved, it still needs to reach the courthouse on paper. | Sunset helps gather account information remotely, prepare a clean task list, and coordinate with a local attorney if the estate settlement needs legal review. |
| Parent settling predeceased child's estate, home must be sold | A sale generally requires an appointed personal representative with court-issued letters. File the application in Wells County, then the court issues letters testamentary or letters of administration within ten working days after all informal requirements have been met. Certified copies cost $20, with additional copies of the same document at $10, effective July 1, 2025 (N.D.C.C. §§ 27-05.2-03, 30.1-14-07). | Sunset helps identify the accounts, prepare the probate packet, and connect the family with a vetted attorney when a home sale or title issue needs counsel. |
Self-help resources
| Resource | How it helps | Contact |
|---|---|---|
| North Dakota Legal Self Help Center | Publishes the statewide probate forms and guide materials used by self-represented filers, including informal probate materials under N.D.C.C. ch. 30.1-14. | https://www.ndcourts.gov/legal-self-help |
| Informal probate of an estate | Explains the statewide informal probate process and links the Guidebook for Informal Administration of an Estate. | https://www.ndcourts.gov/legal-self-help/informal-probate |
| Filing fee waiver request | Provides the statewide fee waiver materials through ndcourts.gov for people asking the court to waive filing costs (N.D.C.C. § 27-05.2-03). | https://www.ndcourts.gov/legal-self-help/fee-waiver |
| North Dakota Courts Records Inquiry | Search Civil, Family & Probate Case Records by selecting Wells County. Data is current through the end of the previous business day. | https://publicsearch.ndcourts.gov/ |
| Wells County clerk of district court | For a case already filed in Wells County, contact the clerk's office for filing logistics, copies, and local courthouse questions (N.D. Sup. Ct. Admin. R. 46). | (701) 547-3122 [email protected] |
| Legal Services of North Dakota | Statewide civil legal aid intake. Call to ask whether help is available for your situation. | https://lsnd.org/ Under 60: 1-800-634-5263 Age 60 and over: 1-866-621-9886 |
| Attorney Search | The North Dakota Courts website provides an Attorney Search for finding licensed lawyers. | https://www.ndcourts.gov/lawyers |
When to hire an attorney
Consider a probate attorney if the will is disputed, a home must be sold, heirs disagree, a creditor claim is significant, a formal proceeding under N.D.C.C. ch. 30.1-15 is needed, or you are unsure which documents should be filed in Wells County. Sunset connects families with a vetted attorney.
How Sunset helps
Find the accounts and assets. Sunset helps families build the asset picture before filing, including accounts, policies, debts, and institutions that may require court-issued letters for estate settlement.
Generate the probate packet. Sunset organizes the information needed for the Wells County filing path, including the original will question, the local courthouse address, and the documents a personal representative may need.
Find a local probate attorney. When a home sale, dispute, formal proceeding, or creditor issue calls for legal help, Sunset can connect the family with a vetted probate attorney.
Sunset is free for families. Sunset gives families a practical place to start estate settlement, understand the next local step, and avoid sending paperwork to the wrong office.
Frequently asked questions
Where do I file probate in Wells County?
File with the clerk of district court at the Wells County Courthouse, 700 Railway St N, Fessenden, ND 58438, or mail the packet to 700 Railway St N #155, Fessenden, ND 58438 (N.D.C.C. § 27-05-06; N.D. Sup. Ct. Admin. R. 46).
What are the clerk's hours in Fessenden?
Winter hours are 8:00 a.m. to 4:00 p.m., Monday through Friday, with a lunch closure from noon to 12:30 p.m. Summer hours are 7:30 a.m. to noon and 12:30 p.m. to 4:00 p.m., Monday through Thursday, and 7:30 a.m. to 1:00 p.m. on Friday. Call before traveling because the court page does not publish the seasonal changeover dates.
Do I have to e-file in Wells County if I am self-represented?
No. 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 if desired (N.D.R.Ct. 3.5).
Can the original will be mailed to the Wells County Courthouse?
Yes. Original wills, codicils and other documents of independent legal significance may be filed as paper documents (N.D.R.Ct. 3.5). Use the mailing address for the Wells County Courthouse and consider calling the clerk of district court to confirm local delivery details (N.D. Sup. Ct. Admin. R. 46).
How much does it cost to file probate in Wells County?
The statewide charge for filing probate, guardianship, or other Title 30.1 testamentary cases is $160, effective July 1, 2025 (N.D.C.C. § 27-05.2-03; North Dakota Court Fee Schedule item I.19).
Are there Wells County probate forms?
Wells County does not publish separate local probate forms. Use the statewide materials from the North Dakota Legal Self Help Center at ndcourts.gov/legal-self-help, and remember that forms are not available for every situation (N.D.C.C. § 30.1-14-01.1).
Can I look up a Wells County probate case online?
Use the North Dakota Courts Records Inquiry at https://publicsearch.ndcourts.gov/ and select Wells County. The search category includes Civil, Family & Probate Case Records, and data is current through the end of the previous business day.
Will I have to travel for a hearing in Wells County?
Informal probate under N.D.C.C. ch. 30.1-14 can proceed without a court appearance or court hearing when the proper forms and procedures are used. If a formal probate hearing under N.D.C.C. ch. 30.1-15 is set, the supreme court's stated intent is that residents receive judicial services in their own county without the need to travel to the chamber cities, but that is not a guarantee for every setting (N.D. Sup. Ct. Admin. R. 6).
Can I request a remote appearance for a Wells County probate hearing?
A court may conduct a proceeding by reliable electronic means on its own motion or on a party's motion. A party's written motion must generally be served at least seven days before the proceeding, and any response must be served at least four days before the proceeding, unless the court shortens the time for good cause (N.D. Sup. Ct. Admin. R. 52).
How long until letters are issued in an informal Wells County case?
After all requirements for informal proceedings have been met, the court must make its order of appointment and issue letters testamentary or letters of administration within ten working days (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.