North Dakota probate guide

Probate process in North Dakota

North Dakota adopted the Uniform Probate Code. Probate is filed in the District Court with a $160 filing fee (effective July 1, 2025) for informal probate. The small-estate affidavit (NDPC Form 1) is available 30 days after death for personal-property estates of $50,000 or less. North Dakota recognizes transfer-on-death deeds under N.D.C.C. § 30.1-32.1 et seq.

North Dakota probate at a glance

Court
District Court (Probate)
Typical timeline
24–52 weeks
Filing fee
$160
Small-estate threshold
$50,000
TOD deed allowed?
Yes
Bond required by default?
No
Statute
N.D. Cent. Code § 30.1 (Uniform Probate Code)

Source: www.ndcourts.gov. Fees and thresholds change — verify with your county court before filing.

How North Dakota probate works, step by step

  1. 1File application for informal probate in the District Court
  2. 2Registrar appoints personal representative and issues letters
  3. 3Mail notice to interested parties and publish creditor notice
  4. 4Inventory assets and pay debts, taxes, and allowances
  5. 5File closing statement after one year and distribute the residue

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This page is informational and is not legal advice. Probate procedure varies by county and changes over time. Consult a licensed North Dakota probate attorney for advice specific to your situation.