North Dakota Probate Information
Quick facts
| Topic | North Dakota rule | Source |
|---|---|---|
| Court | Probate is handled in the district court. North Dakota has one unified district court sitting in all 53 counties, with original jurisdiction of all causes. | N.D. Const. art. VI, §§ 1, 8; N.D.C.C. § 27-05-06 |
| Where to file | File with the clerk of district court in the county of the decedent's domicile. If the decedent was not domiciled in North Dakota, the application must state facts showing venue. | N.D.C.C. ch. 30.1-13; N.D.C.C. § 30.1-14-01; N.D. Sup. Ct. Admin. R. 46 |
| Judicial districts | The 53 counties are grouped into eight named judicial districts for judges and administration. The district name does not change the county filing counter. | N.D. Sup. Ct. Admin. R. 6 |
| Main routes | Informal probate and informal appointment, formal testacy and formal appointment, supervised administration, the Affidavit for Collection of Personal Property, summary administrative procedure, and safe deposit box access. | N.D.C.C. chs. 30.1-14, 30.1-15, 30.1-16; N.D.C.C. §§ 30.1-23-01, 30.1-23-03, 30.1-23-05 |
| Who acts on an informal application | The court reviews the application, makes the statutory findings, issues the written statement of informal probate, and issues letters testamentary or letters of administration. The clerk of district court takes the filing, collects the fee and keeps the record. | N.D.C.C. §§ 30.1-14-02, 30.1-14-07; N.D. Sup. Ct. Admin. R. 46 |
| Earliest informal filing | At least one hundred twenty hours, stated in the Guidebook as five days, must pass after death before informal probate or informal appointment. | N.D.C.C. §§ 30.1-14-02, 30.1-14-07 |
| Time to letters | The court must issue 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(1) |
| Filing fee | The statewide filing fee to open a Title 30.1 probate case is $160, paid to the clerk of district court. The North Dakota Court Fee Schedule states the fee is effective July 1, 2025. | N.D.C.C. § 27-05.2-03(1)(a); North Dakota Court Fee Schedule, effective July 1, 2025 |
| Personal property collection | The Affidavit for Collection of Personal Property may be used after thirty days when the probate personal property is $100,000 or less, less liens and encumbrances, no real property is part of the probated estate, no appointment is pending or granted, and the claiming successor is entitled to the property. | N.D.C.C. § 30.1-23-01; ndcourts.gov/legal-self-help/personal-property-affidavit |
| Creditor claims | If notice to creditors is published and mailed, claims are barred three months after first publication and mailing. If not, the bar is three years after death. | N.D.C.C. §§ 30.1-19-01, 30.1-19-03 |
| Inventory | The inventory and appraisement is due within six months after appointment, or nine months after death, whichever is later. It may be filed with the court or mailed to the required interested persons. | N.D.C.C. § 30.1-18-06 |
| Outer limit to start | Probate or appointment generally must begin within three years after death, subject to statutory exceptions. | N.D.C.C. § 30.1-12-08 |
| Taxes | North Dakota collects no inheritance tax, no gift tax, and no estate tax is paid to North Dakota for deaths occurring after January 1, 2005. A North Dakota Form 54-91 is still required when a federal estate tax return is required. | N.D.C.C. ch. 57-37.1; tax.nd.gov/estate-tax |
| Forms | The North Dakota Legal Self Help Center publishes the Guidebook and Forms for Informal Administration of an Estate. The court must provide the necessary informal forms at cost on request, and the assistance of an attorney is not required for informal probate or appointment. No forms are available for the formal route. | N.D.C.C. § 30.1-14-01.1; ndcourts.gov/legal-self-help/informal-probate |
| E-filing | Documents filed electronically in district court must be submitted through Odyssey. 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. The original will may be filed as paper. | N.D.R.Ct. 3.5 |
| Case search | North Dakota Courts Records Inquiry includes a category named Civil, Family & Probate Case Records. Select the county where the case was filed. Data is current through the end of the previous business day. | publicsearch.ndcourts.gov |
| Remote appearance | A court may conduct a proceeding by reliable electronic means on its own motion or on a party's written motion. Permission is discretionary and governed by the statewide rule. | N.D. Sup. Ct. Admin. R. 52 |
Before you begin — know the assets and liabilities
Start estate settlement in North Dakota by listing what the decedent owned and owed. The route depends on the assets: probate personal property of $100,000 or less with no real property may fit the Affidavit for Collection of Personal Property under N.D.C.C. § 30.1-23-01, while real property or a larger probate estate usually means opening a case in the district court.
Sunset's 2,300-institution asset discovery helps identify accounts, insurance, debts and encumbrances before you choose a path. That matters because the original will may be in a safe deposit box, informal proceedings cannot start until one hundred twenty hours after death, and probate or appointment is generally subject to the three-year ultimate time limit (N.D.C.C. §§ 30.1-23-05, 30.1-14-02, 30.1-12-08).
Which court handles probate
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 in the county where the estate belongs (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).
North Dakota's constitution vests the judicial power of the state in a unified judicial system consisting of a supreme court, a district court, and such other courts as law provides. The district court has original jurisdiction of all causes, and N.D.C.C. § 27-05-06 gives the district courts power to hear and determine civil actions and proceedings.
Venue belongs in the county of the decedent's domicile at death. The informal application must state the decedent's county and state of domicile, and if the decedent was not domiciled in North Dakota, it must state facts showing venue (N.D.C.C. ch. 30.1-13; N.D.C.C. § 30.1-14-01).
| District | Counties | Number of counties |
|---|---|---|
| Northwest Judicial District | Divide, McKenzie, Williams | 3 |
| North Central Judicial District | Burke, Mountrail, Ward | 3 |
| Northeast Judicial District | Benson, Bottineau, Cavalier, McHenry, Pembina, Pierce, Ramsey, Renville, Rolette, Towner, Walsh | 11 |
| Northeast Central Judicial District | Grand Forks, Nelson | 2 |
| East Central Judicial District | Cass, Steele, Traill | 3 |
| Southeast Judicial District | Barnes, Dickey, Eddy, Foster, Griggs, Kidder, LaMoure, Logan, McIntosh, Ransom, Richland, Sargent, Stutsman, Wells | 14 |
| South Central Judicial District | Burleigh, Emmons, Grant, McLean, Mercer, Morton, Oliver, Sioux, Sheridan | 9 |
| Southwest Judicial District | Adams, Billings, Bowman, Dunn, Golden Valley, Hettinger, Slope, Stark | 8 |
The eight judicial districts are created by N.D. Sup. Ct. Admin. R. 6. A judicial district is how judges and district administration are organised, not a separate filing location. The rule also states the supreme court's intent that residents receive judicial services in their own county without the need to travel to the chamber cities, but that is an intent statement, not a guarantee about any specific hearing.
The probate process
- List every asset, debt and encumbrance. Separate probate property from non-probate property, because the presence of real property and the value of probate personal property decide whether N.D.C.C. § 30.1-23-01 can be used.
- Choose the route. If thirty days have passed, the probate personal property is $100,000 or less less liens and encumbrances, no real property is part of the probated estate, no appointment is pending or granted, and the claiming successor is entitled to the property, use the Affidavit for Collection of Personal Property and present it to the holder (N.D.C.C. § 30.1-23-01). Otherwise, open an estate in district court under the appropriate Title 30.1 route.
- Find the original will and certified death certificate. If the will is in a safe deposit box where the decedent was the sole or last surviving lessee, Form 8 can support access to search for the will or burial-instruction document (N.D.C.C. § 30.1-23-05).
- For the informal route, prepare an application under N.D.C.C. § 30.1-14-01. For the formal route, prepare a petition under N.D.C.C. § 30.1-15-02. Supervised administration is a distinct route under N.D.C.C. ch. 30.1-16.
- Use the North Dakota Legal Self Help Center Guidebook for the statewide informal forms at ndcourts.gov/legal-self-help/informal-probate. The court shall provide the necessary forms for informal probate or appointment, and the assistance of an attorney is not required for that informal procedure (N.D.C.C. § 30.1-14-01.1).
- File with the clerk of district court in the county of the decedent's domicile. Informal probate or informal appointment cannot proceed until at least one hundred twenty hours, also stated as five days, have elapsed after death (N.D.C.C. §§ 30.1-14-02, 30.1-14-07; N.D. Sup. Ct. Admin. R. 46).
- Handle electronic filing correctly. A represented party's civil filings go through Odyssey, a self-represented filer is exempt from the electronic filing requirement and may file paper documents, and the original will may be filed as paper because original wills and documents of independent legal significance may be filed on paper (N.D.R.Ct. 3.5).
- Pay the $160 filing fee or ask in writing for a filing fee waiver through ndcourts.gov/legal-self-help/fee-waiver. The $160 figure is statewide under N.D.C.C. § 27-05.2-03 and the North Dakota Court Fee Schedule, effective July 1, 2025.
- The court reviews the informal application, makes the required findings, issues the written statement of informal probate, and issues letters testamentary or letters of administration within ten working days after all requirements for informal proceedings have been met (N.D.C.C. §§ 30.1-14-02, 30.1-14-07).
- After appointment, send the notice and information to heirs and devisees within thirty days after appointment, as stated in the Guidebook's time schedule for N.D.C.C. § 30.1-18-05.
- Decide whether to publish notice to creditors. If the personal representative publishes, the notice runs once a week for three successive weeks in a newspaper of general circulation in the county and is mailed to known and reasonably ascertainable creditors, with claims barred three months after first publication and mailing. If no notice is published and mailed, the claims bar is three years after death (N.D.C.C. §§ 30.1-19-01, 30.1-19-03).
- Prepare the inventory and appraisement within six months after appointment, or nine months after death, whichever is later. The personal representative may file the original with the court or mail copies to the required heirs, devisees and interested persons who request it (N.D.C.C. § 30.1-18-06).
- Pay allowed claims in the statutory order, handle any required tax filings, including Form 54-91 if a federal estate tax return is required, distribute assets, and close the estate by verified statement or by the sworn statement used with the summary administrative procedure (N.D.C.C. §§ 30.1-19-05, 30.1-21-03, 30.1-23-03, 30.1-23-04; tax.nd.gov/estate-tax).
Types of probate
| Route | When it fits | How it starts | Source |
|---|---|---|---|
| Informal probate and informal appointment | The common route when less than three years have passed, the will is not disputed, and everyone at equal or higher priority agrees on who should serve. | An application to the court, filed with the clerk of district court. | N.D.C.C. ch. 30.1-14; N.D.C.C. §§ 30.1-14-01, 30.1-14-02, 30.1-14-07; N.D. Sup. Ct. Admin. R. 46 |
| Formal testacy and formal appointment | Used when validity of a will must be determined, there are objections to the informal process, or more than three years have passed. Formal probate is not limited to contested matters, because N.D.C.C. § 30.1-15-05 addresses uncontested cases. | A petition to the court. | N.D.C.C. ch. 30.1-15; N.D.C.C. §§ 30.1-15-02, 30.1-15-05; N.D.C.C. § 30.1-12-08 |
| Supervised administration | A distinct third route in which the estate is administered under the court's continuing supervision. | A petition to the court. | N.D.C.C. ch. 30.1-16 |
| Affidavit for Collection of Personal Property of the Decedent | Personal property only, $100,000 or less less liens and encumbrances, no real property, thirty days after death, and no appointment pending or granted anywhere. | Form 1 is presented to the person or institution holding the property. Nothing is filed with a court. | N.D.C.C. § 30.1-23-01; ndcourts.gov/legal-self-help/personal-property-affidavit |
| Summary administrative procedure | Available to an already appointed personal representative when the inventory and appraisement show the estate fits the statutory formula. It has no dollar ceiling and is not an alternative to opening the estate. | The personal representative distributes under the formula and files a closing statement. | N.D.C.C. §§ 30.1-23-03, 30.1-23-04 |
| Safe deposit box access affidavit | Used when the decedent was the sole or last surviving lessee of a box and no personal representative has been applied for or appointed, so an interested person can search for a will, obtain a burial-instruction document, or inventory the contents. | Form 8 is presented to the safe deposit company. | N.D.C.C. § 30.1-23-05 |
Executor duties
Executor duties in North Dakota
North Dakota uses the term personal representative. An executor named in a will, or an administrator appointed when there is no will, acts as the personal representative after the court issues letters testamentary or letters of administration (N.D.C.C. § 30.1-14-07).
| Duty | What the personal representative does | Source |
|---|---|---|
| Protect estate property | Take charge of estate property, keep it separate from personal property, and keep accurate records of receipts and disbursements. The Guidebook includes Form 14 for receipts and disbursements. | Guidebook; N.D.C.C. ch. 30.1-18; ndcourts.gov |
| Notify heirs and devisees | Within thirty days after appointment, prepare the notice and information to heirs and devisees and send a copy to each heir and devisee. | N.D.C.C. § 30.1-18-05, as cited by the Guidebook; Form 5 at ndcourts.gov |
| Decide on notice to creditors | Publication is permissive. If published, notice to creditors runs once a week for three successive weeks and is mailed to known and reasonably ascertainable creditors. That shortens the claims bar to three months after first publication and mailing. Without publication and mailing, the claims bar is three years after death. | N.D.C.C. §§ 30.1-19-01, 30.1-19-03 |
| Prepare the inventory | Prepare the inventory and appraisement within six months after appointment, or nine months after death, whichever is later. The inventory lists each item, fair market value at the date of death, and encumbrances. The personal representative may file it with the court or mail copies as N.D.C.C. § 30.1-18-06 allows. | N.D.C.C. § 30.1-18-06 |
| Handle claims | Pay allowed claims in the statutory order, beginning with costs and expenses of administration and reasonable funeral expenses. The Guidebook states that a claim to be disallowed must be disallowed in writing within sixty days after the presentation period ends or it is deemed approved. | N.D.C.C. ch. 30.1-19; N.D.C.C. §§ 30.1-19-05, 30.1-19-06, as summarized by the Guidebook |
| Handle tax filings | North Dakota collects no inheritance tax and no estate tax is paid to North Dakota for deaths after January 1, 2005, but Form 54-91 is due fifteen months after death if a federal estate tax return is required. | N.D.C.C. ch. 57-37.1; tax.nd.gov/estate-tax |
| Distribute and close | Distribute personal property by assignment and real property by deed where the Guidebook forms apply. Close by verified statement or, for the summary administrative procedure, by sworn statement. The appointment terminates one year after the closing statement is filed if nothing is pending. | N.D.C.C. §§ 30.1-21-03, 30.1-23-03, 30.1-23-04; Guidebook Forms 11, 12, 13, 15, 16 at ndcourts.gov |
Forms and documents
Probate forms in North Dakota
North Dakota has a statewide informal probate form set. The North Dakota Legal Self Help Center publishes the Guidebook and Forms for Informal Administration of an Estate at ndcourts.gov/legal-self-help/informal-probate, and the Guidebook is stamped Rev Aug 2025. N.D.C.C. § 30.1-14-01.1 says the court shall provide the necessary forms to an applicant who requests aid in using the informal probate or appointment procedure, that the forms and explanatory materials must be prepared by the state court administrator and provided at cost, and that the assistance of an attorney is not required for informal probate or appointment.
| Form | Title | Common use |
|---|---|---|
| Form 1 | Affidavit for Collection of Personal Property | Collecting qualifying personal property under N.D.C.C. § 30.1-23-01 without filing anything with a court. |
| Form 2 | Application Informal Probate/Appointment of Personal Representative | Opening an informal will case under N.D.C.C. ch. 30.1-14. |
| Form 3 | Statement of Informal Probate and Appointment of Personal Representative | The statement used with an informal will case. |
| Form 4 | Letters Testamentary | The authority document where there is a will, issued under N.D.C.C. § 30.1-14-07. |
| Form 5 | Notice and Information to Heirs & Devisees | Notice sent after appointment. |
| Form 6 | Notice to Creditors | Used if the personal representative elects to publish and mail notice under N.D.C.C. § 30.1-19-01. |
| Form 8 | Affidavit for Access to Safe Deposit Box | Access to a box for a will search, burial-instruction document, or inventory under N.D.C.C. § 30.1-23-05. |
| Form 9 | Waiver of Right of Appointment | Used where someone with equal or higher priority waives the right to appointment under N.D.C.C. § 30.1-13-03. |
| Form 10 | Inventory and Appraisement | Inventory due within six months after appointment or nine months after death, whichever is later, under N.D.C.C. § 30.1-18-06. |
| Form 15 | Personal Representative Verified Statement to Close Estate | Closing an estate under N.D.C.C. § 30.1-21-03. |
| Form 16 | Sworn Statement of Personal Representative to Close a Small Estate | Closing after the summary administrative procedure under N.D.C.C. §§ 30.1-23-03, 30.1-23-04. |
| Form 17 | Application for Informal Appointment of Personal Representative in Intestacy | Opening an informal case where there is no will. |
| Form 18 | Statement of Informal Appointment of Personal Representative | The statement used in an informal no-will case. |
| Form 19 | Letters of Administration | The authority document where there is no will, issued under N.D.C.C. § 30.1-14-07. |
The Center also lists five general-use forms: Document Return Request Form, Claims Against an Estate, Demand for Notice, Declaration of Service by Mail Form, and Declaration of Service by Personal Delivery Form. The forms are free online in fillable format. A printed set of probate forms supplied by the clerk costs $5 under the North Dakota Court Fee Schedule, effective July 1, 2025, and N.D.C.C. § 27-05.2-03.
The Center gives two important warnings. First, North Dakota Legal Self Help Center forms are not official court forms, courts are not required to accept them, and there is no guarantee that all judges and courts will accept forms available through the Center. Second, forms are not available for the formal route. If you bring a formal probate case under N.D.C.C. ch. 30.1-15, you create the legal documents yourself or retain a lawyer to create them.
Fees
The statewide filing fee to open a probate, guardianship, or other testamentary case under Title 30.1 is $160 (N.D.C.C. § 27-05.2-03(1)(a)). The North Dakota Court Fee Schedule, effective July 1, 2025, lists that same $160 probate filing fee and states that the schedule assists clerks of district court in determining fees under N.D.C.C. § 27-05.2-03.
| Fee item | Amount | Source |
|---|---|---|
| Filing probate, guardianship, or any other testamentary case under Title 30.1 | $160 | N.D.C.C. § 27-05.2-03; North Dakota Court Fee Schedule, effective July 1, 2025 |
| Filing, not registering, trust proceedings | $160 | N.D.C.C. § 27-05.2-03; North Dakota Court Fee Schedule, effective July 1, 2025 |
| Filing an answer to a case that is not a small claims action | $100 | N.D.C.C. § 27-05.2-03; North Dakota Court Fee Schedule, effective July 1, 2025 |
| Filing a petition for subsequent administration of an estate | $20 | N.D.C.C. §§ 27-05.2-03, 30.1-21-08; North Dakota Court Fee Schedule, effective July 1, 2025 |
| Filing authenticated or certified copies of appointment as a domiciliary foreign personal representative | $20 | N.D.C.C. §§ 27-05.2-03, 30.1-24-05; North Dakota Court Fee Schedule, effective July 1, 2025 |
| Issuing a certified abstract or certified copy of a judgment, order, or other paper filed or recorded in the clerk's office | $20 | N.D.C.C. § 27-05.2-03; North Dakota Court Fee Schedule, effective July 1, 2025 |
| Additional copies of the same document | $10 | N.D.C.C. § 27-05.2-03; North Dakota Court Fee Schedule, effective July 1, 2025 |
| Taking and certifying an acknowledgment or notarizing a document | $5 | N.D.C.C. § 27-05.2-03; North Dakota Court Fee Schedule, effective July 1, 2025 |
| Civil record searches per name | $10 | N.D.C.C. § 27-05.2-03; North Dakota Court Fee Schedule, effective July 1, 2025 |
| Printed probate form set supplied by the clerk | $5 | N.D.C.C. § 27-05.2-03; North Dakota Court Fee Schedule, effective July 1, 2025 |
The fee schedule also states that there is no per-page charge for a certified copy, there is no fee for electronic copies, and the clerk does not collect filing fees from the state, any state agency, or a political subdivision. Nothing in the schedule charges a separate fee for issuing letters testamentary or letters of administration. The $20 document service fee applies to a certified copy or similar document service under N.D.C.C. § 27-05.2-03.
If you cannot afford the filing fee, the North Dakota Legal Self Help Center explains how to ask the court in writing for a filing fee waiver at ndcourts.gov/legal-self-help/fee-waiver. That page names informal and formal probate in its $160 district court filing fee row under N.D.C.C. § 27-05.2-03.
Timeline
- At least one hundred twenty hours, also stated as five days, must pass after death before informal probate or informal appointment may proceed (N.D.C.C. §§ 30.1-14-02, 30.1-14-07).
- Thirty days after death, a qualifying successor may present the Affidavit for Collection of Personal Property if the N.D.C.C. § 30.1-23-01 conditions are met.
- For a nonresident decedent, the court delays informal appointment until thirty days after death unless the statute's stated exceptions apply (N.D.C.C. § 30.1-14-07(1)).
- 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(1)).
- Within thirty days after appointment, the Guidebook directs the personal representative to send notice and information to heirs and devisees, citing N.D.C.C. § 30.1-18-05.
- If notice to creditors is published, it is published once a week for three successive weeks and mailed to known and reasonably ascertainable creditors. Claims are barred three months after the date of first publication and mailing (N.D.C.C. §§ 30.1-19-01, 30.1-19-03).
- If no notice to creditors is published and mailed, claims are barred three years after death (N.D.C.C. § 30.1-19-03).
- The inventory and appraisement is due within six months after appointment, or nine months after death, whichever is later (N.D.C.C. § 30.1-18-06).
- A North Dakota Form 54-91 is due fifteen months after death when a federal estate tax return is required, even though no North Dakota estate tax is owed (tax.nd.gov/estate-tax).
- Probate or appointment generally must begin within three years after death, subject to statutory exceptions (N.D.C.C. § 30.1-12-08).
- After a closing statement is filed under N.D.C.C. § 30.1-23-04, the appointment terminates one year later if no actions or proceedings involving the personal representative are pending.
State-specific considerations
California uses statewide Judicial Council forms (the DE-series). The same forms apply in all 58 counties, although counties may add local cover sheets. Los Angeles requires LASC PRO 010.
| Consideration | Why it matters | Source |
|---|---|---|
| The court acts in informal proceedings | The court reviews the application, makes the findings, issues the written statement of informal probate, and issues letters. The clerk of district court takes the filing, collects the fee and keeps the record. | N.D.C.C. §§ 30.1-14-02, 30.1-14-07; N.D. Sup. Ct. Admin. R. 46 |
| Ten working days to letters | North Dakota gives a specific deadline: letters testamentary or letters of administration must issue within ten working days after all requirements for informal proceedings have been met. | N.D.C.C. § 30.1-14-07(1) |
| Publication is optional | A personal representative may publish notice to creditors, but publication is not mandatory. The trade-off is three months after first publication and mailing if notice is published and mailed, or three years after death if not. | N.D.C.C. §§ 30.1-19-01, 30.1-19-03 |
| The inventory can be mailed instead | The inventory and appraisement is due within six months after appointment or nine months after death, whichever is later. The personal representative may file the original with the court or mail copies to the required people. | N.D.C.C. § 30.1-18-06 |
| Informal forms exist, formal documents are different | The Supreme Court publishes a statutory informal form set through ndcourts.gov/legal-self-help/informal-probate, but the Center states that no forms are available for the formal route. | N.D.C.C. § 30.1-14-01.1; ndcourts.gov/legal-self-help/formal-probate |
| The personal property affidavit is not a court filing | The Affidavit for Collection of Personal Property under N.D.C.C. § 30.1-23-01 is presented to the holder of property. Nothing is filed with a court. | N.D.C.C. § 30.1-23-01; ndcourts.gov/legal-self-help/personal-property-affidavit |
| Summary administrative procedure has no dollar ceiling | The summary administrative procedure is a formula for an already appointed personal representative, not a dollar-based substitute for opening an estate. | N.D.C.C. §§ 30.1-23-03, 30.1-23-04 |
Small-estate alternatives
North Dakota's no-court personal property route is the Affidavit for Collection of Personal Property under N.D.C.C. § 30.1-23-01. It may be used when at least thirty days have passed since death, the total value of probate personal property minus debts or encumbrances is less than $100,000.00, no real property is part of the probated estate, no probate case is started or completed in North Dakota or another jurisdiction, and the claiming successor is entitled to the property by will or intestate succession.
The no-real-property condition is stated by the North Dakota Supreme Court's self-help page and Guidebook. N.D.C.C. § 30.1-23-01 itself operates on tangible personal property and instruments evidencing debts, obligations, stock or choses in action, and it caps the value of the entire estate subject to distribution or succession at one hundred thousand dollars.
The affidavit is not filed with any court. It is presented to the person or institution holding the property. Under N.D.C.C. § 30.1-23-02, a person who pays, delivers, transfers or issues property under the affidavit is discharged and released to the same extent as if dealing with a personal representative. Under N.D.C.C. § 30.1-23-01, a transfer agent changes registered ownership of a security upon presentation of the affidavit.
H.B. 1224, 2025 N.D. Sess. Laws ch. 319, raised the N.D.C.C. § 30.1-23-01 ceiling to $100,000. The Legislature's current text, the Supreme Court's personal-property-affidavit page, and the Guidebook all publish the current figure.
North Dakota also has a summary administrative procedure under N.D.C.C. § 30.1-23-03. That route belongs to an already appointed personal representative and depends on the inventory and appraisement showing that the estate fits the statutory formula. It has no dollar ceiling. The personal representative may distribute and file a closing statement, and the appointment terminates one year after the closing statement is filed if nothing is pending (N.D.C.C. § 30.1-23-04).
A separate safe deposit box route appears in N.D.C.C. § 30.1-23-05. An interested person may use Form 8 to have the box opened to search for a will, obtain a burial-instruction document, or inventory the contents when the statute's conditions are met. No contents other than a will and a qualifying burial-instruction document may be removed under that section.
Recent updates
| Change | Detail |
|---|---|
| Personal property affidavit ceiling raised to $100,000 | H.B. 1224, 2025 N.D. Sess. Laws ch. 319, amended N.D.C.C. § 30.1-23-01. The Supreme Court's self-help page and its Guidebook, revised August 2025, both publish the current figure. |
| District court civil filing fee raised to $160 | S.B. 2057, 2025 N.D. Sess. Laws ch. 297, amended N.D.C.C. § 27-05.2-03. The North Dakota Court Fee Schedule and the Judiciary's June 23, 2025 notice state the effective date as July 1, 2025. |
| Clerk document service fee raised to $20 | The same fee act and N.D.C.C. § 27-05.2-03 support the $20 charge for preparing, certifying, issuing or transmitting a document, including a certified copy, under the North Dakota Court Fee Schedule effective July 1, 2025. |
| Guidebook and form set revised | The Supreme Court's Guidebook and Forms for Informal Administration of an Estate is stamped Rev Aug 2025 on every page at ndcourts.gov. |
Page last reviewed: August 2026.
Scenarios
| Scenario | Likely North Dakota path | Where Sunset helps |
|---|---|---|
| Surviving spouse with a co-owned home | First check how the deed reads. Real property in the probate estate rules out the N.D.C.C. § 30.1-23-01 affidavit route. If the home was held as joint tenants, the Guidebook says the transfer is handled by filing a certified death certificate and property description with the county recorder. If the decedent's share is probate property, the estate is opened in the district court, usually by an informal application if the will and appointment are not disputed (N.D.C.C. ch. 30.1-14). | Sunset identifies accounts, debts, deed clues and beneficiary-designated assets so the spouse can see whether estate settlement requires a district court filing or only non-probate transfers. |
| Out-of-state adult child with a small estate | If the probate property is personal property of $100,000 or less less liens and encumbrances, no real property is involved, and thirty days have passed, the child may use the Affidavit for Collection of Personal Property under N.D.C.C. § 30.1-23-01 and present it to the holder. Nothing is filed with a court. If an estate must be opened, a self-represented filer may file paper documents by mail, and the original will goes on paper (N.D.R.Ct. 3.5). | Sunset helps confirm the asset list, locate the institutions holding property, and assemble the right documents for the holder or for the clerk of district court if a case is needed. |
| Parent settling predeceased child's estate, home must be sold | A home in the probate estate means a full estate settlement in district court. If there is no will, the court issues letters of administration after the requirements for informal appointment are met (N.D.C.C. § 30.1-14-07). The inventory and appraisement is due within six months after appointment or nine months after death, whichever is later, and the Guidebook uses a personal representative's deed for sale of real property (N.D.C.C. § 30.1-18-06). | Sunset gathers the asset and debt picture, prepares the probate packet, and connects the family to a vetted local attorney when real property must be sold. |
Self-help resources
| Resource | What it provides | Link |
|---|---|---|
| North Dakota Legal Self Help Center, informal probate | The Judiciary's overview of informal probate, the Guidebook link, and general-use probate forms. The page states that informal probate can proceed without needing a court appearance or court hearing when the proper forms and procedures are used (N.D.C.C. ch. 30.1-14). | https://www.ndcourts.gov/legal-self-help/informal-probate |
| North Dakota Legal Self Help Center, formal probate | The overview of formal probate under N.D.C.C. ch. 30.1-15, including the statement that hearings are required and that no forms are available for the formal route. | https://www.ndcourts.gov/legal-self-help/formal-probate |
| Affidavit for Collection of Personal Property of the Decedent | The Judiciary's five conditions for using the N.D.C.C. § 30.1-23-01 affidavit and the link to Form 1. | https://www.ndcourts.gov/legal-self-help/personal-property-affidavit |
| Guidebook and Forms for Informal Administration of an Estate | The Office of State Court Administrator's Guidebook and statewide informal form set, revised August 2025. | https://www.ndcourts.gov/Media/Default/Legal%20Resources/Legal%20Self%20Help/Probate/Guidebook-for-Informal-Admin-of-Estate.pdf |
| Filing fee waiver request | Instructions and forms for asking the court in writing to waive the filing fee. The page names informal and formal probate in its $160 row under N.D.C.C. § 27-05.2-03. | https://www.ndcourts.gov/legal-self-help/fee-waiver |
| Finding a lawyer | The Judiciary's page on consulting a lawyer, legal aid options, and the State Bar Association of North Dakota lawyer referral service. | https://www.ndcourts.gov/legal-self-help/finding-a-lawyer |
| Attorney Search | The Judiciary's searchable list of lawyers licensed to practice law in North Dakota. | https://www.ndcourts.gov/lawyers |
| Legal Services of North Dakota | A statewide nonprofit civil legal aid programme with intake by phone, Monday through Thursday, 9 a.m. to 3 p.m. Central. Under age 60: 1-800-634-5263. Age 60 and over: 1-866-621-9886. Eligibility and case type are determined by the organisation. | https://lsnd.org/ |
| Dakota Plains Legal Services | A nonprofit legal services organisation the Judiciary lists as serving low-income individuals, older Americans and veterans, including help with tribal court matters. | https://www.ndcourts.gov/legal-self-help/finding-a-lawyer |
| State Bar Association of North Dakota lawyer referral service | A referral service for paying clients. The Judiciary's page says a referral includes a lawyer's name, phone number and up to a thirty-minute consultation in the area of law and town or county of choice. The referral charge is $30. Phone: (866) 450-9579. | https://www.ndcourts.gov/legal-self-help/finding-a-lawyer |
| North Dakota Courts Records Inquiry | The statewide case lookup, with a category named Civil, Family & Probate Case Records. Select the county. Data is current through the end of the previous business day. | https://publicsearch.ndcourts.gov/ |
| North Dakota Office of State Tax Commissioner | The state's page on estate tax, inheritance tax, gift tax and Form 54-91. | https://www.tax.nd.gov/estate-tax |
When to hire an attorney
N.D.C.C. § 30.1-14-01.1 says the assistance of an attorney is not required for informal probate or appointment, and the Supreme Court publishes the informal Guidebook and form set for that reason. Counsel makes sense when real property must be sold, a will is disputed or uncertain, creditors or taxes are complicated, the decedent was not domiciled in North Dakota, more than three years have passed, or the case must proceed formally under N.D.C.C. ch. 30.1-15, because the Legal Self Help Center states that no forms are available for that route. Sunset connects the family to a vetted local attorney.
How Sunset helps in North Dakota
Find the accounts and assets. Sunset searches across 2,300 institutions to help identify bank accounts, investments, insurance, retirement assets, debts and encumbrances. In North Dakota, that asset map decides whether estate settlement can use the N.D.C.C. § 30.1-23-01 affidavit or must be opened in district court.
Generate the probate packet. Sunset assembles the information families need for the North Dakota Guidebook forms, including the application, proposed statement, letters testamentary or letters of administration, notices, inventory information and closing documents where the informal route fits (N.D.C.C. ch. 30.1-14; ndcourts.gov/legal-self-help/informal-probate).
Find a local probate attorney. When the estate needs a petition, a sale of real property, creditor strategy, tax coordination, or formal probate under N.D.C.C. ch. 30.1-15, Sunset connects the family with a vetted North Dakota attorney.
Sunset is free for families. Sunset helps organise estate settlement, discover assets, prepare the packet and coordinate next steps at no cost to families.
Frequently asked questions
Where is probate filed in North Dakota?
File with the clerk of district court in the county of the decedent's domicile. The informal application must state the decedent's county and state of domicile, and if the decedent was not domiciled in North Dakota, it must state facts showing venue (N.D.C.C. ch. 30.1-13; N.D.C.C. § 30.1-14-01; N.D. Sup. Ct. Admin. R. 46).
Does North Dakota have a separate court for wills and estates?
No. North Dakota estate settlement is handled as a case class of the district court, which has original jurisdiction of all causes under N.D. Const. art. VI, § 8 and N.D.C.C. § 27-05-06. The prior separate county-level forum was abolished on January 1, 1995, and its files became district court files (N.D.C.C. § 27-05-00.1).
How long does it take to get letters testamentary in North Dakota?
For informal appointment, the court must issue letters testamentary or letters of administration within ten working days after all requirements for informal proceedings have been met. That clock does not necessarily start on the day papers are delivered, because the statute ties it to completion of all requirements (N.D.C.C. § 30.1-14-07).
How much does it cost to file a probate case in North Dakota?
The statewide filing fee is $160 for filing probate, guardianship, or any other testamentary case under Title 30.1. The amount comes from N.D.C.C. § 27-05.2-03 and the North Dakota Court Fee Schedule, effective July 1, 2025. A person who cannot afford the filing fee may ask in writing for a fee waiver through ndcourts.gov/legal-self-help/fee-waiver.
Can a small estate skip probate in North Dakota?
A qualifying successor can use the Affidavit for Collection of Personal Property under N.D.C.C. § 30.1-23-01 if thirty days have passed, the probate personal property is $100,000 or less after liens and encumbrances, no real property is part of the probated estate, no appointment is pending or granted, and the successor is entitled to the property. The affidavit is presented to the holder of the property, not filed with a court.
Can I file probate papers online in North Dakota?
Represented parties in civil cases file electronically through Odyssey. 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, and may use Odyssey if they choose (N.D.R.Ct. 3.5).
Does the original will have to be filed on paper in North Dakota?
Yes, the original will may be filed as paper. N.D.R.Ct. 3.5 allows original wills, codicils and other documents of independent legal significance to be filed as paper documents, and the Guidebook lists the original will among the documents filed with the district court.
Can I appear remotely in a North Dakota probate case?
North Dakota uses the phrase reliable electronic means for appearance by video or by telephone. A court may conduct a proceeding that way on its own motion or on a party's written motion, but approval is discretionary. The motion procedure, including service at least seven days before the proceeding and any response at least four days before, is in N.D. Sup. Ct. Admin. R. 52.
How do I look up a North Dakota probate case online?
Use North Dakota Courts Records Inquiry at publicsearch.ndcourts.gov and choose the county where the case was filed. The system includes a category named Civil, Family & Probate Case Records, and it states that data is current through the end of the previous business day.
Does North Dakota have an inheritance tax or estate tax?
North Dakota collects no inheritance tax, which was repealed in 1927, and no gift tax. No estate tax is paid to North Dakota for deaths occurring after January 1, 2005, but an estate that must file a federal estate tax return must still file North Dakota Form 54-91 within fifteen months after death (N.D.C.C. ch. 57-37.1; tax.nd.gov/estate-tax).
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.