Estate Planning & Probate in McHenry County, North Dakota
McHenry County estate questions split two ways—planning so your family skips probate, or settling an estate that is already in it. Start with your situation below; both paths use McHenry County's actual court and recording details.
Someone died — settling an estate
Filing probate at the District Court, what it costs, transferring property, and local attorneys.
What to do when someone dies in McHenry County →Planning ahead as a property owner
Keep a McHenry County home out of probate with a transfer-on-death deed or a living trust.
Estate planning in McHenry County →The Probate Process in McHenry 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 McHenry County, probate runs through the District Court at 407 South Main Street, Towner. The court sits in the Northeast Judicial District.
Full McHenry County probate guide: cost, how to file & attorneys →Probate Court Record
McHenry County District Court
McHenry County · Northeast Judicial District
Phone
Hours
Office
Website
E-filing
Filing in person
Self-represented filing
Self-help forms
How to file probate in McHenry County →
Verified October 16, 2026 · Source
Recording Office Record
County Recorder
McHenry County
Phone
Office
Website
Recording fee
E-recording
Verified October 16, 2026 · Source
Vital Records Office Record
North Dakota Department of Health and Human Services - Vital Records
McHenry County · State vital records office
Phone
Office
Website
Certified copies
Certified copy fee
Full death certificate details →
Verified October 15, 2026 · Source
Coroner or Medical Examiner Record
Coroner
McHenry County
Published contact
Full coroner or medical examiner details →
Verified November 4, 2026 · Source
Local Procedures at the District Court
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.
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.
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.
Revocable Living Trust
Create a revocable living trust to avoid probate, protect privacy, and control asset distribution.
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.
Healthcare Power of Attorney
North Dakota allows a choice for a healthcare power of attorney: 2N.D.C.C. § 23-06.5-17Verified Oct 15, 2026View source witnesses or a notary.
Financial Power of Attorney
North Dakota requires explicit durability language for a power of attorney to survive incapacityN.D.C.C. § 30.1-30-01Verified Oct 21, 2026View source, and it is signed with no witness or notary requirementN.D.C.C. § 30.1-30-01Verified Oct 21, 2026View source.
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 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.
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.
Do I Need Probate?
In North Dakota, estates valued at $100,000N.D.C.C. § 30.1-23-01Verified Sep 8, 2026View source or less skip probate with the Small Estate AffidavitN.D.C.C. § 30.1-23-01Verified Sep 8, 2026View source, 30 daysN.D.C.C. § 30.1-23-01Verified Sep 8, 2026View source after death.
Who Inherits Without a Will?
Without a will in North Dakota, a surviving spouse takes the entire estateN.D.C.C. § 30.1-04-02Verified Oct 21, 2026View source when every child of either spouse is a child of both, and descendants divide what passes to them per stirpesN.D.C.C. § 30.1-04-03; defined by § 30.1-09.1-09(3)Verified Oct 21, 2026View source.
How Much Does Probate Cost?
Probate on a $500,000 estate in North Dakota costs an estimated $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. Attorney fees run 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 the estate under a reasonable-compensation standard.
North Dakota Estate Planning Articles
Articles about estate planning, probate, and trusts relevant to families in McHenry County.
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