Is there a way to avoid probate appointment in North Dakota?

Yes. A revocable living trust passes assets to beneficiaries without any court appointment — no petition, no Letters, no bond. A revocable trust built with SimplyTrust takes about 15 minutes.

How Do I Get Appointed as Executor in North Dakota?

See the appointing court, the petition that opens the estate, what to file, and bond rules to be appointed in your state.

Got the Letters? Run the whole estate from here.

State

Document Type

Getting Appointed in North Dakota

Personal Representative (executor if testate, administrator if intestate)

Where you file

District Court (each judicial district)

The form that opens the estate

Form 2Application for Informal Probate of Will and Appointment of Personal Representative · Attorney-drafted pleading · View sourceStart this petition for North Dakota — we pre-fill it with your information. You review, sign, and file it with the court.

What the court issues (with a will)

Letters Testamentaryissued by Clerk of District Court / the court — informal letters issue within 10 working days of a complete application (N.D.C.C. 30.1-14-07); no separate 'registrar' (North Dakota amended that UPC term out)

Letters are an output — the court issues them after granting the petition.

At a glance

UPC adoptedInformal trackE-filingSelf-represented filingLocal/county forms

E-filing runs through the Odyssey system and is optional for self-represented litigants, who may file on paper. Those who choose to e-file must register for Odyssey. Informal probate requires no court appearance or hearing.

Bond

Required before Letters: No
Waivable by will: Yes

Other official forms

Informal application: Form 2 (testate) / Form 17 (intestate)View source
Letters form: Form 4 (Letters Testamentary) / Form 19 (Letters of Administration)View source

What to file with the petition

Certified copy of the death certificate
Original will (and any codicils), when testate (N.D.C.C. ch. 30.1-14)
Statement of Informal Probate and Appointment of Personal Representative (Form 3, testate) / Statement of Informal Appointment of Personal Representative (Form 18, intestate)
Waiver of Right of Appointment (Form 9) from any person with higher or equal priority of appointment
Notice and Information to Heirs & Devisees (Form 5), mailed within 30 days of appointment
$160 filing fee (or Filing Fee Waiver Request)
Bond only if demanded by an interested person, required by the will, or ordered by the court (N.D.C.C. 30.1-17-03)

Small-estate alternative

Bypasses full Letters: Yes
Form: Form 1View source
Form name: Affidavit for Collection of Personal Property of the Decedent

State-specific notes

North Dakota amended the UPC term "registrar" out of Title 30.1; informal proceedings are conducted by "the court" (Clerk of District Court). THE THREE-YEAR LIMIT IS THE GATE BETWEEN THE TWO TRACKS: "No informal probate or appointment proceeding or formal testacy or appointment proceeding... may be commenced more than three years after the decedent's death" (N.D.C.C. 30.1-12-08), subject to the section's own exceptions. Informal probate is available only when fewer than 3 years have passed since death, the will's validity is undisputed, and all persons of equal-or-higher appointment priority agree on the appointee (N.D.C.C. ch. 30.1-13 priority; ch. 30.1-14). Venue is "the county where the decedent was domiciled at the time of death" (N.D.C.C. 30.1-13-01(1)(a)). Forms for the informal track are fillable but are bundled inside the single "Informal Administration of an Estate" guidebook PDF rather than posted as separate documents. Filing fee is $160 ("you're required to pay the $160.00 filing fee to the North Dakota Clerk of District Court"), waivable via the court's Filing Fee Waiver Request.

A revocable living trust passes assets to your family without this court appointment process — no petition, no Letters, no bond.

Create a Revocable Trust in 15 minutes

This tool provides general information about how a personal representative is appointed and is not legal advice. Consult a licensed attorney in your state for guidance specific to your situation.Data verified 2026-07-15

Frequently Asked Questions

North Dakota has no single statewide fill-in petition; the opening document is prepared to statute and filed with the District Court (each judicial district). After the court grants the petition, Clerk of District Court / the court — informal letters issue within 10 working days of a complete application (N.D.C.C. 30.1-14-07); no separate 'registrar' (North Dakota amended that UPC term out) issues your Letters Testamentary (with a will) or Letters of Administration (without a will).

Along with the petition, North Dakota generally requires: Certified copy of the death certificate; Original will (and any codicils), when testate (N.D.C.C. ch. 30.1-14); Statement of Informal Probate and Appointment of Personal Representative (Form 3, testate) / Statement of Informal Appointment of Personal Representative (Form 18, intestate); Waiver of Right of Appointment (Form 9) from any person with higher or equal priority of appointment; Notice and Information to Heirs & Devisees (Form 5), mailed within 30 days of appointment; $160 filing fee (or Filing Fee Waiver Request); Bond only if demanded by an interested person, required by the will, or ordered by the court (N.D.C.C. 30.1-17-03).

North Dakota does not require a bond by default before Letters issue, though the court can order one.

North Dakota permits self-represented filers to open an estate. E-filing is available. The Self-File Probate Assessment compares self-filing and attorney costs for North Dakota.

Yes. A revocable living trust passes assets to beneficiaries without any court appointment in North Dakota — no petition, no Letters, no bond. A revocable trust built with SimplyTrust takes about 15 minutes.

Getting Appointed in North Dakota

Authority to act for the estate comes from Letters issued in North Dakota by Clerk of District Court / the court — informal letters issue within 10 working days of a complete application (N.D.C.C. 30.1-14-07); no separate 'registrar' (North Dakota amended that UPC term out), on appointment by the District Court (each judicial district). The document is Letters Testamentary with a will and Letters of Administration without. UPC adoption in North Dakota: Yes.

North Dakota publishes no single statewide fill-in petition; the opening document is prepared to statute and filed with the court, which carries a filing fee of $160. Whether an informal (registrar) appointment track is available for qualifying estates: Yes.

North Dakota does not require a bond by default before Letters issue, though the court can order one where it is needed to protect creditors or heirs.

For smaller estates, North Dakota offers a small-estate procedure for estates under $100,000 that can transfer assets without a full appointment or Letters (Form 1). The North Dakota self-file probate assessment compares self-filing and attorney costs.

SimplyTrust Editorial·Updated July 14, 2026

Legal Sources

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.

How Do I Get Appointed as Executor in North Dakota?

Getting Appointed in North DakotaN.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 Jul 15, 2026View source

At a glance

BondN.D.C.C. 30.1-17-03 (3-603), 30.1-17-04 (3-604), 30.1-17-05 (3-605)Verified Jul 15, 2026View source

Other official forms

What to file with the petition

Small-estate alternative

State-specific notes

Frequently Asked Questions

Is this your situation?

Named as Executor

Your kids shouldn't have to do this.

North Dakota Estate Planning Resources

Getting Appointed in North DakotaN.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 Jul 15, 2026View source

At a glance

BondN.D.C.C. 30.1-17-03 (3-603), 30.1-17-04 (3-604), 30.1-17-05 (3-605)Verified Jul 15, 2026View source

Other official forms

What to file with the petition

Small-estate alternative

State-specific notes

Is this your situation?

Named as Executor

Getting Appointed in North Dakota

Bond

Getting Appointed in North Dakota

Bond