FigureMyTax

North Dakota Probate Timeline Calculator

Publishing notice to creditors is optional in North Dakota — skip it, and the claim window jumps from 3 months to 3 years.

Based on N.D.C.C. § 30.1-19-01 FigureMyTax Editorial Team Free · no sign-up

By the FigureMyTax Editorial Team · How we calculate

Your North Dakota probate

Pick the options that match your estate — the estimate updates instantly.

Estimated timeline in North Dakota
6–12 months
Notice published, uncontested
Mineral rights & probate? →
Facing probate in North Dakota?

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

Talk to a North Dakota attorney

North Dakota's probate timeline, at a glance

MilestoneNorth Dakota ruleSource
Small estate affidavit eligible$100,000 or less personal property, net of liens (raised from $50,000 by HB 1224, 2025)N.D.C.C. § 30.1-23-01
Heirs and devisees notifiedWithin 30 days of appointment§ 30.1-18
Inventory filedWithin 3 months of appointment§ 30.1-18-06
Notice to creditors published (optional)Once a week, 3 consecutive weeks§ 30.1-19-01
Creditor claim bar, notice given3 months from first publication§ 30.1-19-01
Creditor claim bar, notice not given3 years from date of death§ 30.1-19

North Dakota probate timeline — frequently asked questions

How long does probate take in North Dakota?

Uncontested estates commonly take 6 to 12 months, driven partly by the 3-month creditor claim period once notice is published — one of the shortest windows in the country.

Is publishing notice to creditors required in North Dakota?

No — it's optional. If notice is published, claims are barred 3 months after first publication. If notice is never published, creditors instead have up to 3 years from the date of death to file a claim.

Can North Dakota's small estate affidavit be used for mineral rights?

No. Oil, gas, and mineral interests — common in North Dakota because of the Bakken Formation — are classified as real property and cannot be transferred by the small estate affidavit, which covers personal property only.

Does North Dakota have an estate or inheritance tax?

No. North Dakota's estate tax was effectively eliminated for deaths after January 1, 2005, and it has no inheritance tax.

North Dakota probate tools & guides

North Dakota Probate DeadlinesEvery statutory date, with citations What Delays Probate in North DakotaThe real causes, beyond the baseline Mineral Rights and North Dakota ProbateWhy the Bakken changes the math North Dakota Probate vs Living TrustWould a trust have avoided this?

This calculator provides an estimate for general guidance only and is not legal advice. Figures are based on North Dakota statute (N.D.C.C. § 30.1-18-06, 30.1-19-01, 30.1-23-01). Actual timelines depend on the specific district court and whether the estate is contested. Confirm current timelines with your county Clerk of District Court or a licensed North Dakota attorney before acting.