North Dakota Probate Guide
If you've just lost someone and are facing the North Dakota probate process — this guide walks you through what it costs, how long it takes, the exact filings North Dakota requires, and whether you can avoid formal probate entirely.
Typical Timeline
6–12 months
Uncontested formal probate
Small Estate Threshold
$50,000
Small Estate Affidavit (NDPC Form 1)
Court
District Court (probate division)
Filing fee: $160
Executor Commission
Reasonable fee
~$25,000 on a $1M estate
Probate is required for solely owned real property and for personal property exceeding $50,000. North Dakota is a Uniform Probate Code state, so most uncontested estates can proceed via informal probate without a court hearing.
Most North Dakota informal probates close within 6 to 12 months. The mandatory creditor period is 3 months from first publication of notice.
North Dakota's Small Estate Affidavit (NDPC Form 1) allows qualifying estates to skip formal probate.
Current threshold: $50,000
Estates with personal property of $50,000 or less and no real property may be collected by affidavit after 30 days. No court filing is required.
Personal representatives are entitled to reasonable compensation under the UPC. North Dakota law does not set a statutory percentage; the court weighs time, complexity, and skill required.
Example: An estate valued at $1,000,000 would yield an executor commission of approximately $25,000.
Attorney fees:
Attorney fees must also be reasonable. Most North Dakota probate attorneys charge by the hour or a flat fee for informal probate; the court can review fees on objection.
Multiple co-executors:
Co-PRs share one reasonable fee allocated by the court; each does not receive a separate full fee.
Statute: N.D. Cent. Code § 30.1-18-19
Bond is not required in informal probate unless requested by an interested party or ordered by the court. Wills often waive bond.
Statute: N.D. Cent. Code § 30.1-17-03
North Dakota has no state estate tax or inheritance tax. Only the federal estate tax applies — $15 million per individual or $30 million per married couple in 2026 under the One Big Beautiful Bill Act.
Under NDCC § 30.1-05-02, a surviving spouse may elect a sliding-scale share of the augmented estate based on length of marriage (3% after 1 year up to 50% after 15+ years). A supplemental elective share guarantees a minimum of $75,000. North Dakota is a separate property state.
North Dakota's Medicaid Estate Recovery Program seeks repayment of long-term care costs from estates of recipients aged 55+. Recovery is deferred while a surviving spouse is alive or while a minor or disabled child survives. Recovery covers probate assets and certain non-probate transfers under the UPC.
The full North Dakota executor checklist has 23 milestones: 4 specific to North Dakota law (shown below — filings, forms, and court interactions tied to North Dakota statutes) and 19 universal duties that apply in every state (expandable at the end of the list). The same item never appears in both groups.
Determine administration type and file petition
North Dakota's UPC-based system offers informal probate (handled by the registrar without a hearing), formal probate (requires a court hearing), and supervised administration. Qualifying small estates may use a simplified collection by affidavit procedure under NDCC 30.1-23-01. File with the district court in the county where the decedent resided.
Publish notice to creditors
Publish a Notice to Creditors in the official newspaper of the county, as required by NDCC 30.1-19-01. Creditors have three months from the date of first publication to present their claims. Also mail notice to all known creditors.
Distribute residuary estate to beneficiaries
After all debts, taxes, expenses, and specific bequests have been satisfied, distribute the remaining estate assets to the residuary beneficiaries as directed by the will or North Dakota intestacy law (NDCC 30.1-04-02). North Dakota provides the surviving spouse a homestead allowance, family allowance, and exempt property right. Obtain signed receipts from all beneficiaries.
File closing statement or petition for court order
Under informal proceedings, the personal representative may close the estate by filing a Closing Statement under NDCC 30.1-21-03. Under supervised administration, a petition for final distribution and discharge must be filed.
Obtain certified death certificates
Order at least 10-12 certified copies of the death certificate from the North Dakota Department of Health, Division of Vital Records. These are required by the district court, financial institutions, insurance companies, and government agencies.
Locate and review the will
Search for the decedent's original will and any codicils. North Dakota has adopted the Uniform Probate Code (NDCC Chapter 30.1), providing flexible probate procedures including informal and formal administration tracks.
Secure estate property and valuables
Immediately secure the decedent's residence by changing locks if necessary. Safeguard valuables such as jewelry, cash, important documents, firearms, and collectibles. If the home will be vacant, arrange for regular checks, maintain climate control, and notify the homeowner's insurance carrier of the vacancy. Secure vehicles, safe deposit boxes, and storage units. Document the condition of all property with photographs.
Receive Letters Testamentary or Letters of Administration
After appointment, Letters are issued. Under informal proceedings, Letters may be issued without a hearing. The personal representative must accept appointment and may need to post a bond. Obtain multiple certified copies.
Notify the Social Security Administration
Report the death to the Social Security Administration at 1-800-772-1213 if the funeral home has not already done so. Benefits received after the date of death must be returned. Surviving spouses and dependent children may be eligible for survivor benefits.
Cancel services, subscriptions, and forward mail
Forward the decedent's mail through USPS to the executor's address or a secure location to capture bills, tax documents, and creditor correspondence. Cancel or transfer utilities (electric, gas, water, internet, phone), streaming services, gym memberships, magazine subscriptions, and other recurring payments. Notify the landlord if the decedent rented. Cancel the decedent's driver's license, voter registration, and passport to help prevent identity theft.
Notify financial institutions
Send certified copies of the death certificate and Letters to all banks, brokerage firms, insurance companies, and retirement account custodians. Request date-of-death valuations. North Dakota estates may include agricultural land, oil and gas mineral rights, and farm equipment.
Open an estate bank account
Obtain an EIN from the IRS via Form SS-4 and open a checking account in the name of the estate. All estate income and expense payments should flow through this account.
File IRS Form 56 (Notice of Fiduciary Relationship)
File IRS Form 56 to notify the IRS that you are acting as the fiduciary (executor or administrator) for the decedent's estate. This establishes your authority to receive the decedent's tax information, file returns on their behalf, and correspond with the IRS regarding estate matters. File this form promptly after receiving Letters.
Maintain insurance and pay ongoing estate expenses
Review and maintain all insurance policies on estate property, including homeowner's insurance, auto insurance, and any umbrella liability coverage. Lapsed coverage during administration can expose the estate to significant liability. Continue paying ongoing obligations from the estate bank account: mortgage or rent, property taxes, HOA fees, storage unit fees, and essential maintenance. Keep detailed records of all payments for the final accounting.
File inventory of estate assets
Prepare and file an inventory of all estate assets within three months of appointment. The inventory must include all real and personal property, including mineral rights and agricultural land, with date-of-death fair market values. Send copies to interested persons.
Handle digital assets and online accounts
Identify and secure the decedent's digital assets, including email accounts, social media profiles, cloud storage, cryptocurrency wallets, online banking, and digital subscriptions. Most states have adopted the Revised Uniform Fiduciary Access to Digital Assets Act (RUFADAA), which governs fiduciary access to digital accounts. Check the decedent's devices, password managers, and records for account credentials. Contact service providers to memorialize or close accounts as appropriate.
File claims against life insurance and benefits policies
File claims on all life insurance policies, accidental death policies, and any other insurance or death benefits payable to the estate or named beneficiaries. Provide certified death certificates and completed claim forms to each insurance carrier. Note that policies with named beneficiaries generally pass outside of probate directly to the beneficiary, but proceeds payable to the estate must be inventoried.
File final personal income tax return (Form 1040 and North Dakota Form ND-1)
File the decedent's final federal income tax return (Form 1040) and North Dakota individual income tax return (Form ND-1) for the period from January 1 through the date of death. North Dakota imposes a graduated income tax (with very low rates). A surviving spouse may file jointly.
File estate income tax return (Form 1041 and North Dakota Form 38) if applicable
If the estate earns more than $600 in gross income during administration, file federal Form 1041 and North Dakota Fiduciary Income Tax Return (Form 38). The estate is a separate taxpayer.
File estate tax return (Form 706) if applicable
If the gross estate exceeds the federal estate tax exemption, file federal Form 706 within nine months of death. North Dakota does not impose a separate state estate or inheritance tax. Form 706 may be filed for portability.
Review and pay valid creditor claims
Evaluate all claims within the three-month creditor period. Pay valid claims from estate funds in the statutory order of priority.
Distribute specific bequests
Distribute any specific gifts or bequests identified in the will, such as jewelry, heirlooms, specific dollar amounts, or particular assets to named beneficiaries. Obtain signed receipts from each beneficiary. Ensure adequate reserves are maintained for taxes, administration costs, and any pending creditor claims before making distributions.
Close the estate bank account
After all distributions are complete, close the estate bank account. Confirm all checks have cleared and the balance is zero. Retain financial records for at least five years.
An out-of-state decedent who owned North Dakota real estate requires ancillary administration in the district court of the county where the property is located.
Most informal probates close in 6 to 12 months. The 3-month creditor period drives the minimum timeline; contested estates take longer.
The informal probate filing fee is $160. Add attorney fees, publication, and PR compensation — total costs typically run 3–7% of the gross estate.
$50,000 in personal property (less liens) with no real property. After 30 days, heirs can use a small estate affidavit (NDPC Form 1) without filing in court.
Not required for the small estate affidavit or simple informal probate, but recommended when real estate, business interests, or potential disputes are involved.
Yes — revocable living trusts, joint tenancy with right of survivorship, beneficiary designations, and recorded transfer on death deeds for real estate all bypass probate.
There is no fixed deadline, but informal probate generally must be opened within 3 years of death. After 3 years, only narrow succession procedures remain available.
No. North Dakota has neither estate nor inheritance tax. Only the federal estate tax applies, and only to estates above $15M individual / $30M per couple (2026 OBBBA).
Yes. Under the Uniform Real Property Transfer on Death Act (NDCC Chapter 30.1-32.1), owners can record a TOD deed naming a beneficiary who takes title at death without probate.
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This page is informational, not legal advice. Probate rules, thresholds, fees, and tax exemptions change. For your specific situation, consult a licensed North Dakota probate attorney.