How probate costs work in North Dakota
North Dakota adopted the Uniform Probate Code in full as Century Code Title 30.1, so most estates use informal probate through the district court — no hearing required when the will is undisputed and everyone with equal or higher priority agrees on the personal representative. North Dakota has no separate probate court; filings go through the Clerk of District Court in the county where the decedent lived.
1. Personal representative fee — the bare UPC standard, no factors listed
N.D.C.C. § 30.1-18-19: a personal representative is entitled only to "reasonable compensation" for services performed — the bare Uniform Probate Code formulation carried over essentially unamended, with no percentage, no schedule, and not even a list of factors in the statute itself. The court decides what is reasonable, reviewing compensation on petition of an interested person or on its own motion. If there are co-personal representatives, they share one reasonable fee allocated by the court, not a separate full fee each.
Any percentage shown here is an illustrative market-rate estimate, not a legal rate. Family representatives frequently waive the fee. Reported total probate costs (fees plus court costs) often run 3%–7% of the gross estate.
2. Attorney fee — also reasonable, no schedule
No fixed schedule: attorney fees must also be reasonable, with no statutory percentage. Most North Dakota probate attorneys bill hourly or a flat fee for informal probate; the court can review the fee on objection from an interested party.
3. Court & other costs
- Filing fee — roughly $160 for a probate petition (civil filing fee increased effective July 1, 2025).
- Publication to creditors — newspaper notice, once a week for three consecutive weeks; creditors have 3 months from first publication to present claims — shorter than in many other states.
- Bond — not required in informal probate unless requested by an interested party or ordered by the court; wills often waive it.
- Appraisal, certified copies — small additional costs.
4. No North Dakota death tax
No estate or inheritance tax: North Dakota's state estate tax was effectively eliminated for deaths after January 1, 2005, and the state has no inheritance tax. Only the federal estate tax can apply, above the federal exemption — so nearly all North Dakota estates owe no death tax.
5. When probate can be simplified in North Dakota
- Collection of personal property by affidavit (N.D.C.C. § 30.1-23-01) — entire estate of $100,000 or less (net of liens), personal property only, 30 days after death, no court filing. This threshold was raised from $50,000 by House Bill 1224, signed March 21, 2025. Mineral and oil rights — common in North Dakota's Bakken-region estates — are classified as real property and cannot be transferred this way.
- Small estate summary administration (§ 30.1-23-03) — a separate track tied to the estate falling below the homestead allowance, exempt property, family allowance, and administration costs, not a simple dollar tier.
- Informal probate — the default UPC track, no hearing for uncontested estates.
| Cost component | North Dakota figure | Source |
|---|---|---|
| Personal representative fee | Reasonable; no set % or factors (often waived) | § 30.1-18-19 |
| Attorney fee | Reasonable; no set % | No statute |
| District court filing fee | ~$160 | District Court fee schedule |
| Small estate affidavit | $100,000 (personal property, net of liens) | § 30.1-23-01 |
| State estate / inheritance tax | None | ND Office of State Tax Commissioner |