How Does Estate Planning Work in North Dakota?

Probate on a $500,000 estate in North Dakota costs an estimated $24,994 and takes 4 months to 6 months for a simple estate, with attorney fees of typically 1.8% to 2.9% of the estate. Estates under $100,000 can use a small-estate procedure instead.

A simple estate in North Dakota typically takes 4 months to 6 months through probate, and an average estate 6 months to 12 months; a contested one runs longer. The creditor claim period of 3 months is the floor. A funded revocable trust avoids probate entirely.

North Dakota has adopted the Uniform Trust Code and does not require witnesses for trust execution. Notarization is not required for validity, though many financial institutions require notarized trust documents. North Dakota has no separate trust creditor-notice step — the settlor's debts stay subject to the general claims and limitations period (up to 36 months), which the trustee settles before distributing.

A healthcare power of attorney in North Dakota requires 2 witnesses or notarization to be valid. A financial power of attorney requires no witnesses or notarization. A financial power of attorney is not durable by default; it must include durability language to survive incapacity.

In North Dakota, the executor files an inventory of the estate's assets within 180 days of appointment. A revocable trust skips the court-supervised inventory, so a trustee distributes without filing one.

In North Dakota, divorce automatically revokes a beneficiary designation that names a former spouse on the covered accounts, so the asset does not pass to the ex-spouse unless the designation is renewed after the divorce.

Estate Planning in North Dakota

Estate planning in North Dakota is shaped by remote online notarization and transfer-on-death deeds. The choice between a will and a revocable trust depends on which of those features changes the cost or process for your situation, not on any single rule.

A will goes through probate, with attorney fees of typically 1.8% to 2.9% of the estate. A simple estate typically closes in 4 months to 6 months, and the 3 months creditor-claim window sets the floor. Estates under $100,000 can use the Small Estate Affidavit and avoid full probate administration. Real property cannot be transferred through this procedure in North Dakota; an estate that includes real estate uses a separate process. The Small Estate Affidavit is presented directly to the bank, employer, or other holder of the property — it is not filed with a court.

For a revocable trust, North Dakota does not require witnesses for trust execution. Notarization isn't required for validity, though banks and title companies typically expect a notarized trust before they'll work with it. North Dakota has adopted the Uniform Trust Code, so trust administration follows the same baseline rules used in most states.

North Dakota offers transfer-on-death deeds, which move real estate to a named beneficiary at death without probate and remote online notarization for estate documents, so signing can happen over secure video. Combined with beneficiary designations on retirement accounts and payable-on-death registrations, these can move significant value outside probate without setting up a trust.

SimplyTrust Editorial·Updated October 17, 2026

Legal Sources

Show 6 more sources

Data sourced from North Dakota statutes and official state code. How we research.

Is this your situation?

Get a complete guide for your specific circumstances.

New Baby or Adoption

Your family is growing. Your protection should too. Guardian nominations, trusts for minors, beneficiary updates, and the documents new parents need in place.

Learn more