North Dakota was one of the first states to adopt the Uniform Probate Code (1973), giving families the option of streamlined informal probate. Probate is handled in district court in the county where the deceased was domiciled. This guide walks through every option.
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Does North Dakota Always Require Probate?
No. Assets that pass outside of probate include those held in a revocable living trust, accounts with payable-on-death or transfer-on-death designations, life insurance and retirement accounts with named beneficiaries, joint tenancy property with right of survivorship, and real estate transferred by a transfer-on-death deed (North Dakota adopted the Uniform Real Property Transfer on Death Act effective August 1, 2011).
North Dakota Uses the Uniform Probate Code
North Dakota's adoption of the UPC means families can typically choose informal probate (handled administratively by the clerk of court, with minimal court involvement) or formal probate (with a hearing and judicial supervision). Most uncontested estates use informal probate.
The North Dakota Small Estate Affidavit
For estates with a total value of $50,000 or less (less liens and encumbrances), North Dakota allows a Small Estate Affidavit under NDCC 30.1-23-01. The affidavit can be used 30 days after death and is presented directly to institutions holding the assets — no court filing required.
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See the full checklist →How to Open Probate in North Dakota
- File an Application for Informal Probate (or Petition for Formal Probate) with the clerk of district court in the county of domicile.
- For informal probate, the clerk admits the will and qualifies the personal representative — often within days.
- The clerk issues Letters Testamentary or Letters of Administration.
North Dakota Personal Representative Compensation
North Dakota follows the UPC standard of "reasonable compensation" rather than a fixed percentage under NDCC 30.1-18-19. What's reasonable depends on the size of the estate, complexity, and time spent. For a routine estate, 1–3% of the estate value is a common benchmark, though this is market practice, not a legal requirement.
Creditor Claims in North Dakota
The personal representative must publish and mail a Notice to Creditors under NDCC 30.1-19-01, published once a week for three successive weeks. Under NDCC 30.1-19-03, creditors then have 3 months from the date of first publication and mailing to present claims or be forever barred — among the shortest creditor periods in the country.
Pro tip
North Dakota's combination of no state estate tax, no inheritance tax, the $50,000 small estate affidavit, and the 3-month creditor period makes it one of the most efficient probate states in the country.
North Dakota Intestacy
If there's no will, North Dakota's UPC intestacy statute, NDCC 30.1-04-02, sets the surviving spouse's share on a tiered basis:
- All surviving descendants are shared with the spouse, and the spouse has no other descendants: the spouse takes the entire estate.
- No surviving descendants, but a parent survives: the spouse takes the first $300,000 plus 3/4 of the balance.
- All surviving descendants are shared with the spouse, but the spouse also has descendants who aren't the decedent's: the spouse takes the first $225,000 plus 1/2 of the balance.
- One or more surviving descendants are not the spouse's (for example, children from a prior relationship): the spouse takes the first $150,000 plus 1/2 of the balance.
North Dakota Has No State Estate or Inheritance Tax
North Dakota has neither a state estate tax nor an inheritance tax. Only the federal estate tax applies, with its exemption of $15 million per person for 2026.
You're reading about probate in North Dakota. Here's what else is on the list.
- Locate the Will and legal documents
- Apply for death certificates (Multiple copies)
- Start the probate process (Contact Attorney)this guide
- Notify any additional creditors
- Prepare final accounting for probate
- Close the estate formally
- + 62 more tasks across all four phases
This article is for informational purposes only and does not constitute legal advice. Laws in North Dakota may change. Consult a licensed North Dakota attorney for guidance specific to your situation.