North Dakota Probate Filing Fees & Court Costs

The court costs to open and run probate in North Dakota — a modest district court filing fee, the small estate affidavit, publication, and bond.

North Dakota District Courts FigureMyTax Editorial Team

Quick answer: Opening an estate in North Dakota costs a district court filing fee of roughly $160 (increased effective July 1, 2025). North Dakota has no separate probate court — filings go through the Clerk of District Court in the county where the decedent lived. The collection-by-affidavit procedure needs no court filing at all. See the full picture in the North Dakota probate cost calculator.

District court fees

ItemFee
Petition for Probate of Will and Appointment of PR~$160
Collection-by-affidavit$0 (no court filing)
Certified copiesA few dollars each

The civil filing fee for a probate petition increased effective July 1, 2025; confirm the current figure with your county Clerk of District Court.

Other administration costs

  • Publication to creditors — newspaper notice, three consecutive weeks; creditors have 3 months from first publication to present claims.
  • Bond — not required in informal probate unless requested by an interested party or ordered by the court; wills often waive it.
  • Appraisal — if real estate, mineral rights, or a business must be valued.
  • Personal representative & attorney fees — the real variables, both reasonable amounts under N.D.C.C. § 30.1-18-19, with no statutory percentage or factors.
Not the big cost: the ~$160 filing fee is small next to the personal representative and attorney fees. North Dakota has no estate or inheritance tax, so there's no death-tax layer.

Ways to keep court costs down

  • Collection-by-affidavit — up to $100,000 in personal property, net of liens, no filing fee at all (N.D.C.C. § 30.1-23-01). Mineral and oil rights don't qualify, since they're classified as real property.
  • Ask your county Clerk of District Court to confirm the current fee.
  • Informal probate — no hearing fee for uncontested estates.

North Dakota filing fees — frequently asked questions

How much is the North Dakota probate filing fee?

Roughly $160 for the probate petition, increased effective July 1, 2025.

Does North Dakota have a separate probate court with its own filing fees?

No — filings go through the Clerk of District Court, using the general district court fee schedule.

Does collection-by-affidavit require any filing fee in North Dakota?

No — it needs no court filing at all, so it carries no filing fee.

Why don't mineral and oil rights qualify for North Dakota's collection-by-affidavit procedure?

Because they're classified as real property, and the affidavit covers personal property only.

Is the filing fee the biggest cost in North Dakota probate?

No — the personal representative and attorney fees are typically larger.

Facing probate in North Dakota?

A local probate attorney can review your estate — many offer a free consultation.

Talk to a North Dakota attorney

Estimate for general guidance only, not legal advice. North Dakota's district court probate filing fee is roughly $160, increased effective July 1, 2025. Publication and bond are extra. The larger costs are the personal representative and attorney fees (N.D.C.C. ยง 30.1-18-19), both reasonable amounts with no statutory percentage or factors. Confirm current figures with your county Clerk of District Court.