Quick answer: North Dakota sets no fixed percentage for the personal representative fee or the attorney fee — N.D.C.C. § 30.1-18-19 is the bare Uniform Probate Code formulation, with not even a list of factors in the statute itself. The district court filing fee is a modest ~$160. There's no death tax. Get your own estimate with the North Dakota probate cost calculator.
1. Personal representative fee — the bare UPC standard
Because the fee is not fixed by statute, any percentage shown in this guide is an illustrative market-rate estimate. Family representatives frequently waive the fee. Reported total probate costs often run 3%–7% of the gross estate.
2. Attorney fee — also reasonable, also no schedule
3. Court cost & the tax picture
Illustrative worked totals
At an illustrative ~2.5% each for the personal representative and attorney (market pattern, not statutory):
| Estate value | PR fee (est.) | Attorney (est.) | Filing + pub. | Approx. total |
|---|---|---|---|---|
| $100,000 | $2,500 | $2,500 | $300 | ≈ $5,300 |
| $300,000 | $7,500 | $7,500 | $300 | ≈ $15,300 |
| $500,000 | $12,500 | $12,500 | $300 | ≈ $25,300 |
Filing + pub. = a $160 filing fee + $140 publication. Personal representative and attorney figures are illustrative only — North Dakota sets no statutory percentage for either, and family representatives often waive their fee entirely. Run your own numbers in the calculator.
How to reduce North Dakota probate costs
- Use the collection-by-affidavit procedure — up to $100,000 in personal property, net of liens, no court filing (§ 30.1-23-01).
- Personal representative waives the fee if a family member and beneficiary.
- Use informal probate — far less cost than a contested formal or supervised proceeding.
- A living trust or TOD deed keeps assets out of probate.