Benson County District Court Guide

Thirty days after the death, a person holding the decedent's tangible personal property or an instrument, or owing the decedent a debt, must pay or deliver it to a claiming successor who presents a compliant affidavit. The affidavit is NOT filed with the court and there is no court fee. The measure is the value of the entire estate subject to distribution under chapters 30.1-01 through 30.1-23, wherever located, less liens and encumbrances: $100,000 or less for deaths on or after August 1, 2025 (2025 HB 1224, S.L. ch. 319), $50,000 for earlier deaths. Real property counts toward the figure but cannot be transferred by the affidavit. The holder who pays in good faith is discharged (N.D.C.C. § 30.1-23-02). For vehicles the Department of Transportation publishes SFN 2916.

• 30 days have elapsed since the death
• The value of the entire estate, wherever located, less liens and encumbrances, does not exceed $100,000 (deaths on or after August 1, 2025)
• No application or petition for appointment of a personal representative is pending or has been granted in any jurisdiction
• The claiming successor is entitled to payment or delivery of the property
• The affidavit is given to the holder of the property, not filed with the court

Qualifies:

$100,000

Attorney:

not required by law, though many families use one

The figure moved on August 1, 2025; it is one figure keyed to the date of death, not two concurrent tiers. It is not indexed.

Where the inventory and appraisal show the estate fits within that sum, the personal representative may immediately disburse and distribute the estate without giving notice to creditors, and close by a verified statement under § 30.1-23-04; the appointment ends one year after that statement if nothing is pending. This route closes an estate that has already been opened, so a personal representative is already appointed and the filing fee has already been paid.

• A personal representative has been appointed and has prepared the inventory and appraisal
• The entire estate, less liens and encumbrances, does not exceed the statutory sum
• Distribute to the persons entitled
• File the § 30.1-23-04 closing statement and send it to distributees and known unpaid claimants

Qualifies:

No dollar figure exists. The test is whether the entire estate, less liens and encumbrances, is worth no more than the SUM of the homestead as defined in N.D.C.C. § 47-18-01 (up to $150,000 over liens), exempt property under § 30.1-07-01 ($15,000), the family allowance, costs and expenses of administration, reasonable funeral expenses, and reasonable and necessary last-illness medical and hospital expenses.

Attorney:

not required by law, though many families use one

A way of closing an estate cheaply rather than of opening one cheaply. North Dakota has no separate dollar homestead allowance.

An uncontested estate is usually opened by an application for informal probate and informal appointment filed with the Benson County clerk of district court. Once at least 120 hours have passed since the death and the findings are made, the court appoints the applicant and must issue letters within ten working days after all requirements are met; a nonresident decedent's appointment waits 30 days unless the domiciliary personal representative applies or the will directs North Dakota law (N.D.C.C. § 30.1-14-07(1)). In an uncontested matter the clerk may sign the documents without a judge (§ 30.1-02-06). Notice of an informal application goes only to persons who demanded it, any unterminated personal representative, and, for appointment, anyone with a prior or equal right who has not waived it (§§ 30.1-14-06, 30.1-14-10). A formal testacy or appointment proceeding is heard by the district judge after notice and hearing (§ 30.1-15-01), and supervised administration keeps the estate under the court's continuing authority (§ 30.1-16-01). The court provides the informal forms at cost and "The assistance of an attorney is not required for informal probate or appointment procedure." (§ 30.1-14-01.1).

• File the application or petition with the clerk of district court in Benson County if the decedent was domiciled here at death (N.D.C.C. § 30.1-13-01)
• Lodge the original will, if there is one, and a certified death certificate
• Within 30 days of appointment, tell the heirs and devisees (§ 30.1-18-05)
• On the grant of letters, send the Department of Health and Human Services a copy of the petition or application and a list of heirs, devisees and surviving joint tenants (§ 50-24.1-07(3))
• Optionally publish and mail notice to creditors (§ 30.1-19-01); without it, pre-death claims stay open up to 3 years after death
• Prepare the inventory within 6 months after appointment or 9 months after death, whichever is later (§ 30.1-18-06)
• Close by verified statement, no earlier than 3 months after the first publication and mailing if notice to creditors was given (§ 30.1-21-03)

Qualifies:

No dollar threshold. This is the ordinary route for a North Dakota estate that does not fit a small-estate shortcut.

Filing fee:

$160

Attorney:

not required by law, though many families use one

Informal, formal and supervised are procedures, not fee tiers: each opens for the same statewide $160 filing fee (N.D.C.C. § 27-05.2-03(1)(a)). If no closing statement is filed within 3 years of the death, an interested person or the court may start a show-cause proceeding (§ 30.1-21-03.1).

A formal testacy proceeding is litigation to determine whether the decedent left a valid will, begun by a petition asking the court, after notice and hearing, to probate a will, set aside or prevent informal probate, or find that the decedent died intestate (§ 30.1-15-01). The court fixes a hearing; notice goes to the surviving spouse, children and other heirs, the devisees and executors, and any unterminated personal representative, with notice by publication to unknown persons and persons whose addresses are unknown (§ 30.1-15-03).

• File a petition for formal testacy or appointment in the district court (§ 30.1-15-01)
• Give notice of the hearing to heirs, devisees, executors and any personal representative, and by publication to unknown persons (§ 30.1-15-03)
• Attend the hearing; a contested case is decided by the judge

Qualifies:

No dollar threshold. Used where a will is contested, the heirs or the will's validity need a judicial order, or an interested person wants one.

Attorney:

not required by law, though many families use one

The applicant files an application with the clerk of district court in the county of domicile. Notice of an application for informal probate is required only to a person who has demanded notice and to any personal representative not terminated (§ 30.1-14-06); for informal appointment, also to any person with a prior or equal right to appointment who has not waived it in writing (§ 30.1-14-10). Once at least 120 hours have passed since death and the findings are made, the court appoints the applicant and must issue letters within ten working days after all requirements are met; a nonresident decedent's appointment waits 30 days unless the domiciliary personal representative applies or the will directs North Dakota law (§ 30.1-14-07(1)). In an uncontested matter the clerk may sign the documents without a judge (§ 30.1-02-06). The court must provide forms, prepared by the state court administrator, at cost, and "The assistance of an attorney is not required for informal probate or appointment procedure." (§ 30.1-14-01.1).

• File an application with the clerk of district court in the county of the decedent's domicile (§ 30.1-13-01)
• A will is effective to prove a transfer or nominate an executor only once informally or formally probated, except for the small estate affidavit (§ 30.1-12-02)
• Give notice only to persons who demanded it, any unterminated personal representative, and anyone with a prior or equal right to appointment who has not waived it (§§ 30.1-14-06, 30.1-14-10)
• Within 30 days of appointment, tell the heirs and devisees (§ 30.1-18-05)
• On the grant of letters, send the Department of Health and Human Services a copy of the petition or application and a list of heirs, devisees and surviving joint tenants (§ 50-24.1-07(3))
• Optionally publish and mail notice to creditors (§ 30.1-19-01); without it, claims stay open up to 3 years after death
• Prepare the inventory within 6 months after appointment or 9 months after death, whichever is later (§ 30.1-18-06)
• Close by verified closing statement, no earlier than 3 months after the first publication and mailing if notice was given (§ 30.1-21-03)

Qualifies:

No dollar threshold. The ordinary route for an uncontested North Dakota estate.

Attorney:

not required by law, though many families use one

A single in rem proceeding to secure complete administration and settlement under the continuing authority of the court, until an order approving distribution and discharging the personal representative. A supervised personal representative is responsible to the court as well as to the interested parties (§ 30.1-16-01). A supervised estate cannot be closed by sworn statement under § 30.1-21-03.

Qualifies:

No dollar threshold.

Attorney:

not required by law, though many families use one

Thirty days after the death, a person holding the decedent's tangible personal property or an instrument, or owing the decedent a debt, must pay or deliver it to a claiming successor who presents a compliant affidavit, and a transfer agent must re-register securities. The affidavit is NOT filed with a court. The holder is discharged as if it dealt with a personal representative and need not inquire into the truth of the affidavit (§ 30.1-23-02). For vehicles the Department of Transportation publishes SFN 2916, "Affidavit for Collection of Personal Property of the Decedent - NDCC 30.1-23-01".

• 30 days have elapsed since the death
• The value of the entire estate, wherever located, less liens and encumbrances, does not exceed $100,000 (for deaths on or after August 1, 2025)
• No application or petition for appointment of a personal representative is pending or has been granted in any jurisdiction
• The claiming successor is entitled to payment or delivery of the property

Qualifies:

$100,000 or less for deaths on or after August 1, 2025 ($50,000 before), measured as the value of the entire estate subject to distribution under chapters 30.1-01 through 30.1-23, wherever located, less liens and encumbrances. Real property in the estate counts toward the figure but cannot be transferred by the affidavit.

Attorney:

not required by law, though many families use one