North Dakota Statewide Probate Guide

Settling an estate after losing someone is difficult, and North Dakota recently raised its small estate threshold significantly. This guide covers what’s consistent across the whole state – thresholds, deadlines, and costs. For your specific county’s District Court address and local filing details, see that county’s page.

Where Probate Happens

North Dakota probate is handled by the District Court in the county where the deceased was domiciled (or, if the decedent wasn’t a North Dakota resident, any county where their property was located). North Dakota adopted the Uniform Probate Code (NDCC Title 30.1).

Recent Change: The Small Estate Threshold Doubled

HB 1224 (2025) raised North Dakota’s small estate affidavit threshold from $50,000 to $100,000. Some older sources online still cite the previous $50,000 figure – confirm the current $100,000 threshold when using this guide.

Step 1: Does The Estate Qualify For The Small Estate Affidavit?

Affidavit for Collection of Personal Property of the Decedent (NDCC § 30.1-23, “Form 1”)

Total value of the probated personal property, minus debts and encumbrances, must be less than $100,000.
No real property (real estate) can be part of the probated estate – mineral and oil rights are classified as real property in North Dakota and cannot be transferred this way either; they require informal or formal probate.
At least 30 days must have passed since the death.
No probate case can be started or completed in a North Dakota district court, another state’s court, or a tribal court.
The claiming successor must be entitled to the property by will or intestate succession.
Not filed with any North Dakota state court – presented directly to whoever holds the property.
Can be used to access a safe deposit box, but only to look for a will or instructions regarding the decedent’s remains/funeral arrangements – not general access.

STEP 2: INFORMAL OR FORMAL PROBATE (for estates over the threshold or involving real property)

File a Petition for Probate of Will and Appointment of Personal Representative with the District Court in the relevant county; the court issues Letters Testamentary (with a will) or Letters of Administration (without one).
Informal probate is the standard, minimal-court-involvement path – it becomes unavailable if a creditor or interested party demands formal proceedings, the will’s validity is disputed, or the court determines supervised administration is needed.
Formal probate applies in those more contested or complex situations.

Transfer-On-Death Deeds

North Dakota recognizes Transfer-on-Death deeds for real estate (NDCC § 30.1-32.1), letting a home pass to a named beneficiary without going through probate at all.

Out-Of-State Or Non-Resident Property

Ancillary probate is required when a North Dakota decedent owned real property in another state, or when a non-resident decedent owned real property in North Dakota – the applicable out-of-state jurisdiction’s ancillary process runs in addition to the primary North Dakota probate.

Costs

The court filing fee for probate is $160 (effective July 1, 2025). Attorney fees for straightforward informal probate typically run $2,500-$5,000. There’s no statutory fee schedule for attorneys or personal representatives – fees must be reasonable based on services provided. The small estate affidavit itself carries no filing fee.

Timeline

North Dakota probate typically takes 6-12 months. Small estate affidavits can move much faster once the 30-day wait passes.

Taxes

North Dakota has no state estate tax and no state inheritance tax. Only the federal estate tax could apply, and only to very large estates – the federal exemption is around $13.99 million per individual for 2025 (confirm the current year’s figure, since it adjusts).

Where This Guide Fits

This page covers what’s consistent statewide. For your specific county’s District Court address, phone number, and local filing details, visit that county’s page.