Serves Fargo-Moorhead and Cass County. Probate work runs from identifying assets and the personal representative through commencing the estate, appointing the representative, and distributing both probate and non-probate property, including jointly held accounts and life insurance proceeds. Also handles farm and business succession.
What to Do When Someone Dies in Sargent County, North Dakota
How probate works in Sargent County: the District Court record, what the process costs, and how to file there.
Probate Court Record
Sargent County District Court
Sargent County · Southeast Judicial District
Hours
Monday-Friday 9:00 AM-noon and 12:30 PM-4:30 PM
Office
355 Main Street South, Suite 2, Forman, ND 58032
Website
E-filing
Filing in person
Walk-ins accepted
Self-represented filing
Allowed
Self-help forms
Filing
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.
Verified October 16, 2026 · Source
How Probate Works in Sargent 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 Sargent County, probate runs through the District Court at 355 Main Street South, Suite 2, Forman. The court sits in the Southeast Judicial District.
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 Sargent County
What probate costs in Sargent 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 355 Main Street South, Suite 2, Forman. The court is part of the Southeast 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 Sargent County, North Dakota are filed at the District Court. The court sits in the Southeast 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 Sargent 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 Sargent County
In Sargent 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
Sargent 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
Sargent County
Published contact
None published by the county. The office is created by N.D. Cent. Code § 11-19.1-02.
Verified November 4, 2026 · Source
Transferring Property in Sargent 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 Sargent County are recorded with the County Recorder at 355 Main Street South, Suite 2, Forman, ND 58032. Phone: 1-701-724-6241 ext. 117. Hours: Monday-Friday 9:00 AM-noon and 12:30 PM-4:30 PM.
The County Recorder charges $20 for 1-6 pages, $65 for 7-25 pages, $65 plus $3 for each page beyond 25.
Sargent County accepts electronic recording.
Recording Office Record
County Recorder
Sargent County
Hours
Monday-Friday 9:00 AM-noon and 12:30 PM-4:30 PM
Office
355 Main Street South, Suite 2, Forman, ND 58032
Website
E-recording
available
Fees
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 Sargent County
North Dakota allows informal probate, so many families settle straightforward estates in Sargent 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 Sargent 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.
Astrup Law Office, P.C.
Solo practice in Fargo serving Cass County and the surrounding Red River Valley. Jason Astrup has practiced in North Dakota since 2005 and appears as counsel for the personal representative in Cass County probate matters. Also handles estate planning, trust administration, and guardianship and conservatorship.
Solo practice in Fargo serving North Dakota and northwestern Minnesota. Handles probate from the petition and appointment of the personal representative through creditor notices, inventory, payment of debts and taxes, sale of estate real estate, and distribution, representing either the representative or an heir disputing a will. Free 30-minute consultations.
Fargo firm serving the Fargo-Moorhead area, North Dakota, and northwestern Minnesota. Represents individual and corporate fiduciaries through probate and trust and estate administration, including court filings, and litigates will and trust disputes, land disputes, and contested guardianships in North Dakota and Minnesota state courts. The firm dates to 1879.
Fargo firm serving Cass County and practicing in both North Dakota and Minnesota. Handles probate where the decedent held real estate solely or as a tenant in common, or accounts with no co-owner or named beneficiary, filing to appoint the personal representative, inventorying property, and distributing it. Also handles guardianship and conservatorship and farm and business succession.
Fargo office of a regional firm, serving the Red River Valley, North Dakota, and northern Minnesota. Its trusts and estates group of more than 30 attorneys and professionals represents personal representatives, trustees, and charitable institutions, and includes nine Fellows of the American College of Trust and Estate Counsel.
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)
- Sargent County District Court, official page
- Sargent County Recorder, official page
- Sargent 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.
Get the Answer
Hire a North Dakota Probate Attorney
Browse vetted North Dakota attorneys handling probate matters.
Browse firms
Notify Banks & Financial Institutions
Each institution has a separate death claim process. Find yours below.
Is this your situation?
Get a complete guide for your specific circumstances.
