What Do I Do When Someone Dies in North Dakota?
A step-by-step checklist for the days, weeks, and months after a death, with the state's rules, deadlines, fees, and official forms noted on the steps they apply to. Free PDF.
Frequently Asked Questions
Request 10-15 certified copies from the funeral home or state vital records office. You will need these for banks, insurance companies, government agencies, and other institutions. Each institution typically requires an original certified copy. Order from North Dakota Department of Health - Division of Vital Records. Fee: $15/copy ($10 additional). Available: online, mail, in-person. Processing: 3-5 business days after receipt, plus return mail time.
State law sets the order of who has the legal right to decide burial, cremation, or other disposition. A written pre-need designation by the deceased, if one exists, controls. Confirm who holds this authority before arrangements are made. State law sets the order of who controls disposition of remains. Order: Person designated in a written statement per § 23-06-31; then Surviving spouse (if married; not arrested for, pled guilty/nolo contendere to, or found guilty of intentionally and feloniously killing decedent; and not admitted to or charged with intentionally and feloniously killing decedent); then Majority of the adult children of the decedent; then others in statutory order. A written pre-need designation by the deceased, if one exists, controls over this order.
Evaluate whether the estate qualifies for small estate procedures or if full probate is required based on asset values and types. Small estate affidavit available for estates under $100,000. Informal (unsupervised) probate available. Independent administration reduces court oversight.
Submit the original will (if any) and petition to open probate. You will need to pay filing fees and may need to post a bond. Statewide form: Form 2 (Application for Informal Probate of Will and Appointment of a Personal Representative). File with the District Court (each judicial district). Filing fee $160. Informal probate available. Independent administration reduces court supervision. Typical duration: 6-24 months.
Once appointed by the court, obtain letters testamentary (with will) or letters of administration (without will). These prove your authority. Letters Testamentary are issued by the 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). The state's title for the role is Personal Representative (executor if testate, administrator if intestate). The Letters document is official form Form 4 (Letters Testamentary) / Form 19 (Letters of Administration) (Letters Testamentary (Form 4) / Letters of Administration (Form 19)). Typically filed with the petition: 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 signs; Proposed Letters Testamentary (Form 4, testate) / Letters of Administration (Form 19, intestate), filed WITH the application for the judge to sign; 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).
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Death of a Parent
A step-by-step guide to what happens after a parent dies: the documents to find, the certificates to order, and whether probate is even required.
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Loss of a Spouse
What a surviving spouse needs to do: death certificates, survivor benefits, whether probate is even required, and the tax election that expires.
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Named as Executor
What an executor actually does: getting appointed, notifying creditors, paying debts and taxes, and where personal liability starts.
Learn more
Named as Trustee
Being named trustee means managing trust assets and carrying out the grantor's wishes. Your duties, timeline, compensation, and how to get started.
Learn moreMore tools for handling this estate
Calculators and checklists for executors and trustees.
Petition for Probate and Letters
Prepare the application to open probate and request Letters Testamentary or of Administration.
Notice to Creditors
Prepare the creditor notice for an estate — the official state form or a notice typeset to statute, plus mailed notices for known creditors.
Renunciation of Executor
Decline an appointment as executor — the writing filed with the court, drafted to your state's rule, with its deadline and filing office.
Affidavit of Heirship
Prepare the sworn statement of a deceased person's family history and heirs for recording in the county land records, composed to your state's statute with its recording instructions.
Small Estate Affidavit
Prepare the affidavit that collects a small estate's property without probate — the official state form or an affidavit drafted to statute, plus a presentation letter for each holder.
Estate Inventory
Prepare the probate inventory of estate property — every asset at its date-of-death value, composed to your state's statute, with the state's filing or delivery instructions.
How Much Does Probate Cost?
Estimate attorney fees, executor fees, court costs, and timeline for probating an estate in your state. See if the estate qualifies for simplified probate procedures.
How Much Can an Executor Charge?
Calculate how much an executor (personal representative) can charge for administering an estate. See if your state has statutory fees or uses reasonable compensation.
Who Inherits Without a Will?
Find out who inherits your estate and how much they get if you die without a will. Based on your state's intestate succession laws.
What's Fair Trustee Compensation?
Find out what's fair compensation for serving as trustee. Compare family, professional, and corporate trustee rates based on your situation.
How Much Are Estate & Inheritance Taxes?
Calculate federal estate tax, state estate tax (12 states + DC), and inheritance tax (5 states) for an estate or trust.
How Many Death Certificates Do I Need?
Calculate how many certified death certificates you need based on the assets and accounts you need to close. See state-specific ordering information.
North Dakota Estate Settlement Resources
In-depth guides covering North Dakota probate, estate administration, and settling an estate.
