Minot practice representing clients throughout Ward County and neighboring McHenry, McLean, Burleigh, Morton, Stark, and Mountrail counties. Estate work is planning-side and aimed at keeping an estate out of probate: wills, trusts, financial and health care powers of attorney, guardianships and conservatorships. Free consultations.
What to Do When Someone Dies in Burke County, North Dakota
How probate works in Burke County: the District Court record, what the process costs, and how to file there.
Probate Court Record
Burke County District Court
Burke County · North Central Judicial District
Phone
Hours
Monday-Friday 8:30 AM-5:00 PM (Labor Day to Memorial Day)
Office
103 Main Street Northeast, Bowbells, ND 58721
Website
E-filing
Filing in person
Walk-ins accepted
Self-represented filing
Allowed
Self-help forms
E-filing
Required for attorneysAttorneys file probate documents electronically through Odyssey File & Serve. Self-represented filers may file on paper, and those who choose to e-file use the same system. A filing fee on an electronic filing is paid by credit or debit card when the document is filed. On paper: Self-represented litigants and prisoners are exempt and may file paper documents in person, by mail, or by commercial carrier (N.D.R.Ct. 3.5(a)(3)); Original wills, codicils and other documents of independent legal significance may be filed as paper documents (N.D.R.Ct. 3.5(a)(4)).
Filing in person
Walk-ins acceptedSelf-represented filers may file paper probate documents at the Clerk of District Court counter during courthouse hours, or by mail or commercial carrier (N.D.R.Ct. 3.5(a)(3)).
Self-represented filing
AllowedNorth Dakota follows the Uniform Probate Code, so informal probate appoints a personal representative without a court appearance or hearing when the proper forms are filed. The State Court Administrator publishes the Informal Administration of an Estate guidebook with its forms. No forms exist for formal probate, which requires hearings.
Self-help center
- Self-help service1-701-328-1852 · ndselfhelp@ndcourts.govThe North Dakota Legal Self Help Center, a division of the Supreme Court Law Library, answers questions about civil court process from people representing themselves, by phone and email. It does not give legal advice or help with criminal matters.
Fax
1-701-377-2020
About the court
- From Memorial Day to Labor Day the office is open 7:30 a.m. to 4:00 p.m. The office closes for lunch.
Verified October 16, 2026 · Source
How Probate Works in Burke County
Probate is the court-supervised process of settling someone's estate after they die — validating the will, paying debts and taxes, and transferring what's left to the heirs. In Burke County, probate runs through the District Court at 103 Main Street Northeast, Bowbells. The court sits in the North Central Judicial District. Burke County shares the North Central Judicial District with Mountrail and Ward.
The personal representative opens the case, gives notice to heirs and creditors, files an inventory of the estate's assets, settles outstanding debts and taxes, and then distributes the remainder under the will — or under North Dakota intestacy law when there is no will.
Most North Dakota estates take 6 months to 12 months to move through this process. 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 a claim, counted from the first publication of the notice to creditors.
What Probate Costs in Burke County
What probate costs in Burke County, North Dakota comes down to a handful of line items — the court filing fee, attorney and executor compensation, publication, and sometimes a bond — scaled by the estate's size and whether the will is contested. The case itself runs through the District Court at 103 Main Street Northeast, Bowbells. The court is part of the North Central Judicial District.
North Dakota charges $160N.D.C.C. § 27-05.2-03(1)(a)Verified Oct 17, 2026View source to open probate, the same in every county. Additional filings during administration — inventory, accounting, the final petition — add to the total.
Estimate the costs for this estate:
Attorney fees in North Dakota are negotiated, typically 1.8%Modeled estimate under N.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): the hours the statutory fee schedules imply, at the state's surveyed hourly rateVerified Sep 8, 2026View source to 2.9%Modeled estimate under N.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): the hours the statutory fee schedules imply, at the state's surveyed hourly rateVerified Sep 8, 2026View source of estate value. Flat-fee arrangements are common for straightforward estates.
North Dakota allows executors 'reasonable compensation' — around 2.2%–3.8% of a $500,000 estate, judging by what the states with statutory schedules payN.D.C.C. § 30.1-18-19 (reasonable compensation; no statutory percentage)Verified Sep 8, 2026View source. Family members who are also beneficiaries often waive the fee — executor pay is taxable income while inheritances are not.
Probate in North Dakota typically runs 6 months to 12 months, and costs accrue throughout that period.
How to File Probate at the District Court
Probate cases in Burke County, North Dakota are filed at the District Court. The court sits in the North Central Judicial District.
The North Dakota Legal Self Help Center, a division of the Supreme Court Law Library, answers questions about civil court process from people representing themselves, by phone and email. It does not give legal advice or help with criminal matters.
Can You File Without an Attorney?
In North Dakota, informal probate is availableN.D.C.C. § 30.1-14-01Verified Sep 8, 2026View source, and a self-represented executor can usually handle it for a simple, uncontested estate.
For a full cost comparison and filing checklist, see the Burke County Self-Filing Assessment.
What to Bring
Filed with the opening petition at the District Court: Certified copy of the death certificate (guidebook lists it under documents you "may also need to file", not the always-required set); Original will (and any codicils), when testate (N.D.C.C. ch. 30.1-14); Proposed Statement of Informal Probate of Will and Appointment of a Personal Representative (Form 3, testate) / Statement of Informal Appointment of a Personal Representative – Intestacy (Form 18, intestate) — the applicant fills these in and files them unsigned; the judge signsN.D.C.C. ch. 30.1-14 (informal probate & appointment), ch. 30.1-15 (formal testacy & appointment); 30.1-12-03 & 30.1-17-01 (necessity of appointment, qualification, issuance of letters)Verified Aug 24, 2026View source.
Death Certificates and the Coroner in Burke County
In Burke County certified copies of the death certificate come from North Dakota Department of Health and Human Services - Vital Records.
Vital Records Office Record
North Dakota Department of Health and Human Services - Vital Records
Burke County · State vital records office
Phone
Office
State Capitol, Judicial Wing, 1st Floor, 600 East Boulevard Avenue, Bismarck, ND 58505-0250
Website
Certified copies
From North Dakota Department of Health and Human Services - Vital Records
Vital Records
600 East Boulevard Avenue
Dept. 325
Bismarck, ND 58505-0250
Certified copy fees
| First certified copy | $15 |
| Each additional copy ordered at the same time | $10 |
Verified October 15, 2026 · Source
Coroner or Medical Examiner Record
Coroner
Burke County · Burke County Coroner
Website
Verified November 3, 2026 · Source
Transferring Property in Burke County
Clearing title to real estate after a death, whether by a personal representative’s deed, an affidavit of survivorship, or a court order, happens at the County Recorder.
Deeds and other real property documents for Burke County are recorded with the County Recorder at 103 Main Street Southeast, Bowbells, ND 58721. Phone: 1-701-377-2818. Hours: Monday-Friday 8:00 AM-noon and 12:30 PM-4:00 PM.
Documents submitted by mail go to P.O. Box 219, Bowbells, ND 58721.
The County Recorder charges $20 for 1-6 pages, $65 for 7-25 pages, $65 plus $3 for each page beyond 25.
Burke County accepts electronic recording through Simplifile, CSC, Indecomm and ePN.
Recording Office Record
County Recorder
Burke County
Phone
Hours
Monday-Friday 8:00 AM-noon and 12:30 PM-4:00 PM
Office
103 Main Street Southeast, Bowbells, ND 58721
Website
P.O. Box 219
Bowbells, ND 58721
Recording fees
| 1-6 pages | $20 |
| 7-25 pages | $65 |
| 26+ pages | $65 |
| Transfer tax on a TOD deed | No transfer tax applies to TOD deeds |
N.D.C.C. § 11-18-05(1)(a) (recording fee by page band); § 11-18-05(1)(a)(2)-(4) (font, legal description, 3-inch first-page header space); § 11-18-05(1)(d) (1-inch margin rule and $10 nonconformance fee); § 11-18-05(2) (filing fee); § 11-18-05(3) (copy fees)
Verified October 16, 2026 · Source
Probate Attorneys Serving Burke County
North Dakota allows informal probate, so many families settle straightforward estates in Burke County without hiring an attorney. A probate attorney earns the fee when the estate is contested, includes a business or out-of-state real estate, has unclear or insolvent debts, or when beneficiaries disagree.
Probate attorney fees in North Dakota are based on reasonable compensation, billed hourly or as a flat fee. Ask a Burke County firm to quote a structure up front.
A probate attorney files the petition with the District Court, publishes the required creditor notices, prepares the inventory and accounting, handles creditor claims and tax filings, and guides the final distribution. They represent the personal representative — not the beneficiaries — a distinction that matters if a dispute develops.
Minot practice serving Ward County families, with estate work built around the local energy economy: how mineral royalties will be divided, and what becomes of a family business. Sets up trusts holding mineral rights and family LLCs preserving access to generational property, alongside probate guidance, guardianship, and conservatorship.
Minot practice serving Ward County, licensed in North Dakota and Minnesota. The estate-side work is guardianship of adults and minors, conservatorships, special needs trusts, financial and health care powers of attorney, and partition actions; the firm does not list probate administration. Initial strategy sessions cost $175.
Minot practice serving Ward County and out-of-state residents who own North Dakota property or minerals. Handles probate and estate administration and trust administration, mineral trusts for generational transfer, oil and gas pipeline and surface damage agreements, and farm and ranch business succession. Also sets up guardianships and conservatorships for special-needs children reaching 18.
Minot office of a firm serving North Dakota and seven neighboring states. Spells out the trustee’s job step by step: notifying beneficiaries, collecting and protecting trust assets, handling bills, final expenses and taxes, managing a home, farm or business interest, and distributing under the trust terms. Caps its settlement fees. Free consultations.
Mack Law Offices, P.C.
Solo general practice in Rugby serving Pierce County, one of five attorneys currently practicing in the city. Galen Mack was admitted in North Dakota in 1986 and handles estate planning alongside real estate, agricultural matters, loan closing services, and senior issues. The office has no website; contact is by phone or email.
Firm listings are for informational purposes only. SimplyTrust does not endorse or recommend any specific firm or attorney. Contact firms directly to verify their current practice areas and availability.
Legal Sources
(9)·
- N.D.C.C. § 27-05.2-03(1)(a)
- N.D.C.C. § 30.1-14-01
- N.D.C.C. § 30.1-18-19 (reasonable compensation; no statutory percentage)
- N.D.C.C. §§ 30.1-19-01, 30.1-19-03, 30.1-19-05, 30.1-19-06
- N.D.C.C. ch. 30.1-14 (informal probate & appointment), ch. 30.1-15 (formal testacy & appointment); 30.1-12-03 & 30.1-17-01 (necessity of appointment, qualification, issuance of letters)
- N.D.C.C. § 11-18-05(1)(a) (recording fee by page band); § 11-18-05(1)(a)(2)-(4) (font, legal description, 3-inch first-page header space); § 11-18-05(1)(d) (1-inch margin rule and $10 nonconformance fee); § 11-18-05(2) (filing fee); § 11-18-05(3) (copy fees)
- Burke County District Court, official page
- Burke County Recorder, official page
- Burke County vital records and death investigation offices, official page
Data sourced from North Dakota statutes and official state code. Fee percentages are modeled estimates; each figure's note says how. How we research.
Tools for Settling an Estate in North Dakota
Free tools for settling an estate in North Dakota: whether probate is needed, executor and trustee pay, creditor deadlines and taxes. Run each tool.
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.
See the Steps
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.
See the Steps
Can I Self-File Probate?
In North Dakota, informal probate is availableN.D.C.C. § 30.1-14-01Verified Sep 8, 2026View source, and a self-represented executor can usually handle it for a simple, uncontested estate.
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