The North Dakota Probate Process: Step-by-Step

Assess the Estate — What Needs Probate?

• Joint tenancy (JTWROS): Passes to surviving joint tenant automatically — no probate.
• Beneficiary-designated accounts: IRA, 401(k), life insurance, POD/TOD accounts — pass directly to named beneficiaries, no probate.
• Revocable living trust assets: Pass according to the trust document — no probate.
• Assets in the decedent's name alone: Require small estate affidavit (if personal property under $50,000) or informal probate.
• Real estate in the decedent's name alone: Always requires informal probate and a Personal Representative's Deed.
• Farmland and agricultural interests: Titled real property regardless of value — always requires informal probate.

Choose the Right Procedure

• Small Estate Affidavit (§ 30.1-23-01): Personal property under $50,000 gross value; 30-day wait from date of death; present sworn affidavit directly to the institution. No court. No Letters. Cannot be used for real estate or farmland.
• Informal Probate (§ 30.1-13-01): File with the clerk of the District Court in the county where the decedent was domiciled. Clerk issues Letters without a hearing. Used whenever there is real estate (including farmland) or personal property over $50,000.
• Formal Probate (§ 30.1-14-01): Required for contested wills, disputed heirs, or clerk refusal. District Court judge conducts a hearing.

File the Application for Informal Probate

File in the District Court of the county where the decedent was domiciled at death. The Application must include:

• Decedent's name, date and place of death, and domicile county
• Names and addresses of all heirs and devisees
• Name and address of the nominated Personal Representative
• Original will filed with the application (if one exists)
• Statement that the 3-year time limit for informal probate has not expired (NDCC § 30.1-13-02)

The clerk of court reviews the application and, if complete, issues Letters Testamentary (with will) or Letters of Administration (without will) — no hearing required for informal probate.

Get Your EIN and Open the Estate Account

• Apply for a federal EIN at irs.gov — takes minutes online; you will need it to open the estate account and file fiduciary returns.
• Open a dedicated estate checking account. Route all estate income (grain sales, rental income, interest) and expenses through this account.
• Notify the Social Security Administration of the death and return any payments received after the date of death.
• Send written notice to all heirs and devisees within 30 days of appointment (NDCC § 30.1-16-05).
• Secure and insure all real property, including farmland and any structures.
• Contact the Farm Service Agency (FSA) office in the county where the farm is located — notify them of the death and ask about any farm program payments or contracts in the decedent's name.

Publish Notice to Creditors — Start the 60-Day Clock

Publish Notice to Creditors once per week for three consecutive weeks in a legal newspaper in the county of probate (NDCC § 30.1-19-01). The 60-day creditor claim period begins on the date of first publication.

Also send direct written notice to all known creditors. File the Affidavit of Publication with the District Court clerk.

Prepare the Estate Inventory (Due Within 3 Months)

Prepare an inventory within 3 months of appointment (NDCC § 30.1-16-06), valuing all assets at the date of death. North Dakota estates commonly include assets that require specialized appraisals:

• Farmland: Use a licensed North Dakota real estate appraiser with agricultural land experience. Farmland values in North Dakota vary significantly by county, soil class (highly erodible vs. prime cropland), and water access.
• Farm equipment: Use a qualified agricultural equipment appraiser or documented market comparisons (NADA Farm Machinery, auction results). Heavy machinery, combines, and tillage equipment can constitute a large portion of estate value.
• Grain on hand / stored grain: Value at market price on the date of death. If grain is stored at an elevator, obtain a written statement from the elevator.
• Commodity contracts and crop insurance: Obtain confirmation letters from the grain elevator and the crop insurance agent of any pending contracts or claims.
• Oil and gas interests (Bakken/Three Forks): Hire a petroleum landman or petroleum appraiser if there are producing mineral interests. Obtain current Division Orders and contact operators for production history.
• Mineral rights (non-producing): Obtain a professional mineral appraisal — non-producing minerals can still have significant value in Bakken-area counties.

In informal probate, the inventory is not filed with the court but must be provided to any interested party who requests it.

Manage Estate Assets During Administration

• Route all estate income through the estate account — grain sale proceeds, cash rent, royalty payments.
• Continue paying real property taxes on farmland. North Dakota has a property tax credit for qualifying agricultural land — confirm whether the estate qualifies for the interim period.
• Continue any existing farm cash rent leases to maintain income and protect the land. New leases during administration may require consent of heirs.
• Retitle investment and brokerage accounts in the estate's name using the estate EIN.
• Maintain any livestock. Livestock transfers require proper brand inspection if livestock are moved across county lines.

The Personal Representative has independent statutory authority (NDCC § 30.1-16-15) to sell estate property without court approval when needed to pay debts or facilitate distribution.

Review Claims and Pay Debts

After the 60-day creditor period closes, review all claims filed. Allow or reject each claim in writing. A rejected creditor has 60 days from the notice of rejection to petition the court (NDCC § 30.1-19-08).

If the estate is insolvent, pay claims in this priority order (NDCC § 30.1-19-05):

1. Costs and expenses of administration
2. Reasonable funeral expenses
3. Federal taxes and debts with federal preference
4. Reasonable medical expenses of the last illness
5. State taxes and debts with North Dakota preference
6. All other claims

File Tax Returns

Transfer Property, Distribute, and File the Closing Statement

Real property / farmland: Execute a Personal Representative's Deed for each North Dakota parcel. Record with the county recorder in the county where the land is located. Confirm that each grantee is a permitted owner under NDCC Chapter 10-06.1 before recording.

Vehicles: Transfer title at the North Dakota Department of Transportation with certified Letters and a certified death certificate.

Financial accounts: Present certified Letters and death certificate to each institution. Obtain signed receipts from each beneficiary.

Farm equipment: Transfer ownership via bill of sale or assignment. If equipment is secured by a UCC filing, confirm the security interest is released before distribution.

Oil and gas interests: Transfer via a recorded Assignment of Mineral Interest (or deed) in the county where the minerals are located. Notify each operator and royalty paying entity; submit new Division Orders in each heir's name.

Closing Statement (NDCC § 30.1-21-03): File with the clerk of court after all assets are distributed. No court hearing required. Important: the Closing Statement cannot be filed until at least 6 months after the date of appointment — even if the estate is fully administered sooner. The Personal Representative's liability ceases one year after filing.