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Home→Tools→Probate Decision Tool→North Dakota

When Is Probate Required in North Dakota?

Answer a few questions to find out if an estate needs full probate, qualifies for simplified procedures, or can avoid probate entirely.

Frequently Asked Questions

North Dakota allows a Small Estate Affidavit for estates with personal property valued at $100,000 or less.N.D.C.C. § 30.1-23-01 (small estate, as amended by HB 1224 69th Leg. Assem. 2025), § 30.1-23-03 (summary admin), § 30.1-18-19 (PR compensation), § 30.1-19-03 (creditor claims), § 30.1-17-03 (bond), § 30.1-18-06 (inventory deadline), § 30.1-07-01 (exempt property $15K), § 30.1-07-02 (family allowance $27K), § 47-18-01 (homestead $150K)Verified Jun 1, 2026 There is a 30-day waiting period after the date of death before this procedure can be used.

Real estate in North Dakota generally requires probate to transfer ownership unless it was held in a trust, owned jointly with right of survivorship, or had a transfer-on-death deed recorded (if available in the state). A revocable living trust outlines alternatives to probate for real estate.

In North Dakota, assets that typically avoid probate include: property in a living trust, accounts with named beneficiaries (retirement accounts, life insurance, POD bank accounts), jointly owned property with right of survivorship, and vehicles with transfer-on-death registration if available. The trust vs. will comparison outlines how a trust helps bypass probate.

In North Dakota, simple estates typically take 4-6 months. Average estates take 6-12 months. Complex estates with disputes or unusual assets can take 12-24 months or longer.N.D.C.C. § 30.1-23-01 (small estate, as amended by HB 1224 69th Leg. Assem. 2025), § 30.1-23-03 (summary admin), § 30.1-18-19 (PR compensation), § 30.1-19-03 (creditor claims), § 30.1-17-03 (bond), § 30.1-18-06 (inventory deadline), § 30.1-07-01 (exempt property $15K), § 30.1-07-02 (family allowance $27K), § 47-18-01 (homestead $150K)Verified Jun 1, 2026 Estimate total costs with the North Dakota probate calculator.

Probate costs in North Dakota typically include attorney fees, executor fees, court filing fees, and publication costs. Total costs generally range from 3-8% of the estate value depending on complexity. Use the North Dakota probate cost calculator for a detailed estimate.

Estates that exceed the small estate limit but are valued under $192,000 may qualify for Summary Administration in North Dakota.N.D.C.C. § 30.1-23-01 (small estate, as amended by HB 1224 69th Leg. Assem. 2025), § 30.1-23-03 (summary admin), § 30.1-18-19 (PR compensation), § 30.1-19-03 (creditor claims), § 30.1-17-03 (bond), § 30.1-18-06 (inventory deadline), § 30.1-07-01 (exempt property $15K), § 30.1-07-02 (family allowance $27K), § 47-18-01 (homestead $150K)Verified Jun 1, 2026 This is a faster and less expensive alternative to full probate, with fewer court appearances and simplified reporting requirements.

The most common ways to avoid probate in North Dakota include creating a revocable living trust, adding beneficiary designations to accounts, titling property as joint tenants with right of survivorship, and using transfer-on-death deeds where available. The trust vs. will comparison compares the two approaches side by side.

Probate Requirements in North Dakota

Estates under $100,000N.D.C.C. § 30.1-23-01Verified Jun 1, 2026 in North Dakota may qualify for a Small Estate AffidavitN.D.C.C. § 30.1-23-01 (small estateVerified Jun 1, 2026. The 30 daysN.D.C.C. § 30.1-23-01Verified Jun 1, 2026 waiting period after death is the main delay before heirs can transfer assets outside of court.

When full probate is required in North Dakota, simple estates typically take 4 monthsN.D.C.C. § 30.1-23-01 (small estateVerified Jun 1, 2026 to 6 monthsN.D.C.C. § 30.1-23-01 (small estateVerified Jun 1, 2026 to close. Complex estates with disputes, tax issues, or out-of-state property can take significantly longer. The probate cost calculator estimates total fees for North Dakota estates.

A revocable living trust transfers assets outside the court process. Unlike a will, trust assets in North Dakota are distributed privately and without the delays of probate. The North Dakota trust vs. will tool compares planning options side by side.

SimplyTrustSimplyTrust Editorial·Updated June 1, 2026

Legal Sources

  • N.D.C.C. § 30.1-23-01
  • N.D.C.C. § 30.1-23-01 (small estate

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

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North Dakota Estate Planning Resources

In-depth guides covering North Dakota probate laws, trust requirements, and estate planning strategies.

Find out if you need probate

Answer a few questions about the estate to see if probate is required or if simplified procedures apply.

Small estates may avoid probate entirely

Trusts pass assets without court involvement

This tool provides general information about probate requirements and is not legal advice. Consult a licensed attorney in your state for guidance specific to your situation.

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