North Dakota allows estates valued at $100,000N.D.C.C. § 30.1-23-01Verified Sep 8, 2026View source or less to use the Small Estate AffidavitN.D.C.C. § 30.1-23-01Verified Sep 8, 2026View source, which avoids full probate administration. The Small Estate Affidavit is presented directly to the bank, employer, or other holder of the property — it is not filed with a court. The waiting period is 30 daysN.D.C.C. § 30.1-23-01Verified Sep 8, 2026View source after death.
Probate costs in North Dakota typically include attorney fees of typically 1.8%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)Verified Sep 8, 2026View source to 2.9%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)Verified Sep 8, 2026View source of the estate, executor fees, court filing fees, and publication costs. On a $500,000 estate, total costs run about $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, roughly 5% of estate value, varying with complexity. Estimate executor compensation separately with the North Dakota executor fee calculator.
North Dakota intestacy law decides. North Dakota follows separate property rulesN.D.C.C. § 30.1-04-02Verified Sep 10, 2026View source: the surviving spouse's share depends on whether children survive and whose children they are. The estate passes to the closest surviving relatives, in most cases the spouse and children first, then in order: Parents; Descendants of parents; Grandparents and their descendants; Descendants of a deceased spouse; The State of North DakotaN.D.C.C. § 30.1-04-02Verified Sep 10, 2026View source.
No. North Dakota imposes no state estate tax and no inheritance taxNo state estate or inheritance tax payable. The estate tax (N.D.C.C. ch. 57-37.1) remains codified but is a pick-up tax: § 57-37.1-04(1) sets it equal to the federal credit for state death taxes, which has been $0 since EGTRRA, so no estate tax is paid on deaths after 1/1/2005. Inheritance tax repealed 1927 (N.D. Office of State Tax Commissioner)Verified Sep 15, 2026View source. Only the federal estate tax applies, on an estate above $15,000,00026 USC 2001(c), 2010; P.L. 119-21 §70106Verified Sep 15, 2026View source, an exemption the One Big Beautiful Bill Act (P.L. 119-21 §70106) set permanently from 2026 and indexes for inflation.
A will in North Dakota costs what the provider charges. An online service runs $0 to $299 up front. An attorney in North Dakota charges around $319Clio Compare Lawyer Rates, North Dakota: Wills and Estates rate (2025 data)Verified Oct 15, 2026View source an hour for wills and estates work, which puts a simple will at $957Estimate: 3 hours at $319, Clio's North Dakota Wills and Estates rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source to $1,914Estimate: 6 hours at $319, Clio's North Dakota Wills and Estates rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source. The document is only part of the cost: probate adds about $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 on a $500,000 estate in fees the heirs pay later.