North Dakota Inheritance: Plan an Estate or Settle One

North Dakota has adopted the Uniform Probate Code, has enacted the Uniform Trust CodeN.D.C.C. § 59-09-01 et seq.Verified Oct 17, 2026View source, and has not adopted the Uniform Power of Attorney ActN.D.C.C. § 30.1-30-01Verified Sep 18, 2026View source.

Probate of a simple estate in North Dakota runs 4 months to 6 months; an average estate takes 6 months to 12 months. The court filing fee is $160N.D.C.C. § 27-05.2-03(1)(a)Verified Sep 8, 2026View source; attorney fees are reasonable compensationN.D.C.C. § 30.1-18-21 (court reviews the reasonableness of attorney compensation; no statutory percentage schedule); § 30.1-18-20 (estate pays reasonable attorney's fees)Verified Sep 8, 2026View source; executor compensation typically runs 2.2%Estimated from the 16 state statutes that set an executor fee schedule (median and interquartile range at this estate value)Verified Sep 8, 2026View source to 3.8%Estimated from the 16 state statutes that set an executor fee schedule (median and interquartile range at this estate value)Verified Sep 8, 2026View source of the estate. On a $500,000 estate the estimated total comes to $24,994N.D.C.C. § 30.1-18-21 (court reviews the reasonableness of attorney compensation; no statutory percentage schedule); § 30.1-18-20 (estate pays reasonable attorney's fees)Verified Sep 8, 2026View source. Informal, unsupervised probate is availableN.D.C.C. § 30.1-14-01Verified Sep 8, 2026View source for uncontested estates.

Certified death certificates come from the North Dakota Department of Health and Human Services - Vital RecordsNorth Dakota Department of Health and Human Services - Vital RecordsVerified Oct 15, 2026View source at $15North Dakota Department of Health and Human Services - Vital RecordsVerified Oct 15, 2026View source a copy, $10North Dakota Department of Health and Human Services - Vital RecordsVerified Oct 15, 2026View source for each additional copy ordered with it. Processing time: 3-5 business days after receipt, plus return mail timeNorth Dakota Department of Health and Human Services - Vital RecordsVerified Oct 15, 2026View source. Once appointed, 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 and publishes the notice to creditors for 3N.D.C.C. §§ 30.1-19-01, 30.1-19-03, 30.1-19-05, 30.1-19-06Verified Oct 19, 2026View source consecutive weeks.

A surviving spouse left out of the will can elect to take a statutory share insteadN.D.C.C. § 30.1-05-01Verified Sep 15, 2026View source. The family allowance during administration is capped at $27,000N.D.C.C. §§ 30.1-07-02, 30.1-07-03Verified Sep 15, 2026View source. Property left to a minor under the Uniform Transfers to Minors Act is released at 21 yearsN.D.C.C. § 47-24.1Verified Sep 15, 2026View source of age. North Dakota taxes incomeN.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 at a top rate of 2.5%N.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. An heir's capital gains on inherited assets: 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.