Bismarck practice serving central and western North Dakota. Estate planning runs from wills, powers of attorney, and health care directives through revocable living trusts, mineral trusts, and tax-driven vehicles including GRATs, QPRTs, life insurance trusts, and special needs and charitable trusts. Also advises on ancillary probate for out-of-state decedents.
Probate in Burleigh County
Probate Court Record
Burleigh County District Court
Burleigh County · South Central Judicial District
Hours
Monday-Friday 8:00 AM-5:00 PM
Office
514 East Thayer Avenue, Bismarck, ND 58501
Website
E-filing
Filing in person
Walk-ins accepted
Self-represented filing
Allowed
Self-help forms
How to file probate in Burleigh County →
Verified October 16, 2026 · Source
Do I need a lawyer for probate in Burleigh County? →Settling an estate in Burleigh County →
Forms for Planning and Settling an Estate in North Dakota
Free North Dakota forms to plan or settle an estate: a will, trust, powers of attorney, TOD deed and the probate forms. Prepare each form for North Dakota.
$12/month
Revocable Living Trust
Create a revocable living trust to avoid probate, protect privacy, and control asset distribution.
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Free
Last Will and Testament
In North Dakota, a will is signed before 2N.D.C.C. § 30.1-08-02Verified Oct 19, 2026View source witnesses, and a self-proving affidavit signed with it lets the court admit it without witness testimonyN.D.C.C. § 30.1-08-02Verified Oct 19, 2026View source.
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Free
Pour-Over Will
In North Dakota, a pour-over will is signed before 2N.D.C.C. § 30.1-08-02Verified Oct 19, 2026View source witnesses and moves anything left outside the trust into it through probate.
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Tools for Planning and Settling an Estate in North Dakota
Free calculators and checklists to plan or settle an estate in North Dakota: will and trust costs, probate, executor pay and taxes. Run each tool.
How Much Are Estate & Inheritance Taxes?
North Dakota levies no estate or inheritance taxNo state estate or inheritance tax payable. The estate tax (N.D.C.C. ch. 57-37.1) remains codified but is a pick-up tax: § 57-37.1-04(1) sets it equal to the federal credit for state death taxes, which has been $0 since EGTRRA, so no estate tax is paid on deaths after 1/1/2005. Inheritance tax repealed 1927 (N.D. Office of State Tax Commissioner)Verified Sep 15, 2026View source; only the federal estate tax applies above $15,000,00026 USC 2001(c), 2010; P.L. 119-21 §70106Verified Sep 15, 2026View source.
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What Taxes Apply to My Inheritance?
North Dakota imposes no inheritance or estate taxNo state estate or inheritance tax payable. The estate tax (N.D.C.C. ch. 57-37.1) remains codified but is a pick-up tax: § 57-37.1-04(1) sets it equal to the federal credit for state death taxes, which has been $0 since EGTRRA, so no estate tax is paid on deaths after 1/1/2005. Inheritance tax repealed 1927 (N.D. Office of State Tax Commissioner)Verified Sep 15, 2026View source; probate assets arrive when the estate closes, 4 months to 6 months for a simple estate.
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How Does Step-Up in Basis Work?
Inherited assets in North Dakota take a basis reset to fair market value on the date of death26 USC § 1014Verified Sep 15, 2026View source, and the gain on a later sale faces state tax on the 60% of long-term gain left after a 40% exclusionN.D. Cent. Code § 57-38-30.3(2)(d)Verified Sep 15, 2026View source.
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When Do I Have to Withdraw an Inherited IRA?
See which federal withdrawal rules apply to an inherited IRA, Roth IRA, or employer plan, the deadline year, and the missed-withdrawal tax.
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What Does Estate Planning Actually Cost?
An attorney-prepared revocable trust in North Dakota runs $3,540Estimate: 10 hours at $354, Clio's North Dakota Trusts rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source to $5,310Estimate: 15 hours at $354, Clio's North Dakota Trusts rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source and a simple will $957Estimate: 3 hours at $319, Clio's North Dakota Wills and Estates rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source to $1,914Estimate: 6 hours at $319, Clio's North Dakota Wills and Estates rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source, against $0 to $549 up front plus a subscription with an online service.
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