Mandan firm serving the Bismarck-Mandan area and the rest of North Dakota, established in 1919. Represents personal representatives and executors through probate and estate administration, administers trusts, and resolves estate-related disputes, alongside wills, powers of attorney, and health care directives. The only North Dakota member of Meritas, a global alliance of independent law firms.
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 →
Trust Administration Firms Serving Burleigh County
The oldest law firm in western North Dakota and eastern Montana, practicing from Dickinson since 1889, with lawyers licensed in North Dakota, South Dakota, and Montana. Estate planning and probate is a named practice with three assigned attorneys. Mineral work includes clearing title to oil, gas, coal and wind interests and dormant mineral claims. Free consultations.
All 12 North Dakota trust administration firms serving 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.
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Revocable Living Trust
Create a revocable living trust to avoid probate, protect privacy, and control asset distribution.
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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 Do I Settle a Trust?
Settling a trust in North Dakota happens outside court: the trustee acts under the state's Uniform Trust CodeN.D.C.C. § 59-09-01 et seq.Verified Oct 17, 2026View source, notifies the beneficiaries within 60 daysN.D.C.C. § 59-16-13Verified Sep 15, 2026View source, then pays the debts and distributes under the trust's terms.
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What's Fair Trustee Compensation?
In North Dakota, trustee compensation follows "reasonable compensation" (UTC § 708 or equivalent)N.D. Cent. Code §§ 59-15-08, 59-15-09Verified Sep 18, 2026View source unless the trust instrument sets a different amount.
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How Do I Settle an Estate?
Settling an estate in North Dakota: the personal representative files the estate inventory within 180 daysN.D.C.C. §§ 30.1-18-06, 30.1-18-07, 30.1-18-08Verified Sep 15, 2026View source of appointment; creditors have 3 monthsN.D.C.C. §§ 30.1-19-01, 30.1-19-03, 30.1-19-05, 30.1-19-06Verified Oct 19, 2026View source to present claims; a simple estate closes in 4 months to 6 months.
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Do I Have to File Tax Returns for Someone Who Died?
North Dakota requires a final state income tax return for the decedent alongside the federal Form 1040N.D. Cent. Code § 57-38-30.3(1)(a); 2026 Forms ND-1 and ND-EZ Tax Rate Schedules (Form ND-1ES, SFN 28709)Verified Sep 20, 2026View source; a federal estate tax return (Form 706) is required only for estates above $15,000,00026 USC 2001(c), 2010; P.L. 119-21 §70106Verified Sep 15, 2026View source.
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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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