Skip to main content

North Dakota · Southeast Judicial District of North Dakota

Richland County District Court Guide

Settled Estate records a $160+ court filing fee and a 3-month creditor claim period for the Richland County District Court, read from 36 linked sources and last verified September 28, 2026.

By Settled Estate Editorial Team

District Court information · Updated September 2026

Settling an estate while grieving is hard. This page takes it one step at a time, and free local help is listed below.

$160+
Court filing fee
3 months
Creditor claims, from notice
701-671-1524
Filing office phone
Unofficial guide · Verified September 2026 · Richland County District CourtSources (36)

Viewing the family guide · Switch to professional view

Not sure if you need probate?

Many estates can avoid probate entirely. Assets with beneficiary designations, joint accounts, and trust assets may pass automatically without court involvement.

Immediate Actions

The first days

First: Get Death Certificates

Required for everything

North Dakota Vital Records

North Dakota death records are CONFIDENTIAL (N.D.C.C. 23-02.1-27). HHS Vital Records in Bismarck registers every death and issues all copies (23-02.1-19). A certified complete record (cause of death and Social Security number) goes to a relative, an authorized representative, a person whose property interests depend on the record, and others the statute lists; a certified facts-of-death copy (no cause) also goes to a licensed attorney who needs it for a legal determination; an informational copy (no cause, no Social Security number) goes to the general public. Order online at vrcerts.hhs.nd.gov, by mail, or by in-person appointment at (701) 328-2360. For an estate, banks and title offices that need the Social Security number need the complete or facts-of-death copy.

How to order

Secure the Property

  • Lock the residence and secure valuable items
  • Forward mail to a responsible family member
  • Make a list of what you find (don't throw anything away yet)

Locate Important Documents

Will or trust documents
Property deeds
Bank/investment statements
Insurance policies
Vehicle titles
Tax returns (last 3 years)

Required by Law

Legal duties

Deposit the Will

North Dakota sets NO fixed number of days. After the testator's death and on request of an interested person, a person with custody of the will must deliver it with reasonable promptness to a person able to secure its probate, or if none is known to an appropriate court; willful failure makes the custodian liable for resulting damages (N.D.C.C. 30.1-11-02). During life a testator may deposit a sealed will with a county recorder for safekeeping (30.1-11-01). Ask the Richland County clerk of district court how it wants an original will lodged. (N.D.C.C. 30.1-11-02)

Cost: Verify locally
Where: Clerk of District Court, Richland County
Clerk Website

Creditor claim window

Creditors generally have 3 months from the first publication and mailing of the notice to creditors to bring claims against the estate. (N.D.C.C. 30.1-19-01 and 30.1-19-03)

Notify Key Parties

  • Banks and credit card companies (to prevent unauthorized use)
  • Social Security Administration (1-800-772-1213)
  • Employer (if applicable) for final paycheck and benefits

Assess Your Situation

Before filing anything

Which probate type is right for you?

1

Small estate? If the estate is worth less than the North Dakota small-estate limit (shown on the options below), you may qualify for simplified procedures.

2

Is there a valid will? If yes, you'll file for probate with will. If no will exists, it's intestate probate.

3

Complex assets? Business interests, real estate in multiple states, or contested claims may require probate administration.

Select a probate type below to see specific requirements and costs.

Which applies to your situation?

Not sure? Use the free checker at the top of this page - you don't have to decide this alone.

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 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 before. Real property in the estate counts toward the figure but cannot be transferred by the affidavit. A holder who pays in good faith is discharged as if it dealt with a personal representative (N.D.C.C. 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 (deaths on or after August 1, 2025; $50,000 before)
  • 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 $100,000 figure is not indexed. Whether a homestead passing under chapter 30-16 counts toward the measure has not been verified.

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 N.D.C.C. 30.1-23-04, sent to distributees and known unpaid claimants; 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 $160 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 N.D.C.C. 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 ($15,000), the family allowance, administration costs, 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 dollar homestead allowance; the homestead itself is the measure.

Documents you'll need:

  • Inventory and appraisal
  • Closing statement under § 30.1-23-04

An uncontested estate is usually opened by an application for informal probate and informal appointment filed with the Richland 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 10 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). The court must provide informal-probate forms at cost, and an attorney is not required for informal probate or appointment (30.1-14-01.1). A formal testacy proceeding is decided by the district judge after notice and hearing (30.1-15-01); supervised administration keeps the estate under the court's continuing authority (30.1-16-01). Probate and appointment proceedings generally may not start more than 3 years after the death (30.1-12-08).

  • File the application or petition with the clerk of district court in Richland 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 (N.D.C.C. 30.1-18-05)
  • On the grant of letters, send the Department of Health and Human Services a copy of the petition or application with the names of heirs, devisees and surviving joint tenants (N.D.C.C. 50-24.1-07(3))
  • Optionally publish and mail notice to creditors (N.D.C.C. 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 (N.D.C.C. 30.1-18-06)
  • Close by verified closing statement, no earlier than 3 months after the first publication and mailing if notice was given (N.D.C.C. 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
source
Attorney:
not required by law, though many families use one

Informal, formal and supervised are procedures, not fee tiers: each opens for the same $160 statutory filing fee (N.D.C.C. 27-05.2-03(1)(a)). If an estate is still open 3 years after the death, an interested person may petition, or the court may act on its own, for an order to show cause why it should not be closed (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

Documents you'll need:

  • A written affidavit meeting § 30.1-23-01 (for vehicles, NDDOT SFN 2916)
  • Certified Death Certificate

File for Probate

Where to file, forms & fees

Where to File

Office: Richland County District Court
Address: 418 2nd Ave N, Wahpeton, ND 58075-4400
How: in person

Other Topics That May Apply

Property & Real Estate

Property transfer after death, recording

Richland County Recorder

Website

Vehicle Title Transfer

Retitle or transfer the deceased's vehicle. Office, forms, fees.

Wahpeton Motor Vehicle Office (Chamber Office)

Phone:
701-642-2652
Address:
1505 11th St. N, Wahpeton, ND
Hours:
Monday, Wednesday and Thursday 9 a.m. - 4 p.m.; Tuesday and Friday 9 a.m. - 1 p.m. (CST)
Office Website

NDDOT lists this site as a title-issuing branch. Branch fees apply in addition to state fees. Appointments: 1-855-633-6835 or the NDDOT online scheduler. Residents may use any North Dakota motor vehicle site.

Transfer scenarios

Joint Tenants with Right of Survivorship (JTWROS)

Documents needed:

  • North Dakota certificate of title showing the owners as joint tenants with right of survivorship, signed off by the survivor
  • Certified copy of the death certificate (the manual's Title Transfer section says 'certified copy'; its Estate section says 'a copy')
  • SFN 2872 Application for Certificate of Title & Registration of a Vehicle, claiming tax exemption 2 (joint tenants, now in one name)
  • $5 title fee, plus the branch fee at a branch site

The survivor signs the title as the transferring owner, attaches the death certificate, completes SFN 2872 and submits it at any motor vehicle site or by mail. No court order is needed.

The manual's name examples: 'John and Mary Jones, as joint tenants with rights of survivorship: both must sign unless one is deceased, in which case the survivor must sign and attach a certified copy of the death certificate.'

Surviving Spouse

Documents needed:

  • North Dakota certificate of title
  • Certified copy of the death certificate
  • The paper for the route that applies: nothing more for a JTWROS title; SFN 2916 (notarized) for the small-estate route; a copy of letters or a court order for probate
  • SFN 2872 Application for Certificate of Title & Registration of a Vehicle
  • $5 title fee, plus the branch fee at a branch site

Identify how the title names the owners, then follow the joint-ownership, small-estate or probate scenario. Submit at any motor vehicle site or by mail.

NDDOT publishes no spouse-specific form. Registration Manual, 'Estate: 30.1-23-01 (NDCC)', items A to D.

Small-Estate Affidavit (SFN 2916)

Documents needed:

  • SFN 2916 Affidavit for Collection of Personal Property of the Decedent - NDCC 30.1-23-01, signed before a notary public or other authorized officer
  • North Dakota certificate of title
  • Certified copy of the death certificate
  • SFN 2872 Application for Certificate of Title & Registration of a Vehicle, claiming tax exemption 3 (Inheritance)
  • $5 title fee, plus the branch fee at a branch site

Wait until 30 days have passed since the death. Confirm that no application or petition to appoint a personal representative is pending or has been granted in any jurisdiction. Complete SFN 2916, stating the basis on which you are the successor, and sign it before a notary. Submit it with the title, the death certificate and SFN 2872 at any motor vehicle site or by mail.

The figure was $50,000 until 2025 HB 1224 raised it to $100,000 effective August 1, 2025. For a death before August 1, 2025 the statute does not say which figure applies; see _state/small-estate.json. The manual words the test as 'an estate under $100,000'; the statute and SFN 2916 say 'does not exceed $100,000'. A false affidavit is a class A misdemeanor (SFN 2916, citing N.D.C.C. 12.1-11).

Probate (Letters or Court Order)

Documents needed:

  • North Dakota certificate of title, signed off by the personal representative
  • Copy of letters testamentary, letters of administration, or an order of the court
  • Certified copy of the death certificate
  • SFN 2872 Application for Certificate of Title & Registration of a Vehicle (tax exemption 3, Inheritance, when the vehicle goes to an heir or devisee)
  • $5 title fee, plus the branch fee at a branch site

Open probate in the district court for the county where the decedent lived. After appointment, the personal representative transfers the title to the heir, devisee or buyer, attaching a copy of the letters or court order, at any motor vehicle site or by mail.

No attorney is required for the NDDOT title step, which asks only for the letters or order; whether to hire a lawyer for the district-court probate itself is outside what NDDOT publishes. A sale by the estate to a buyer is a purchase and owes the 5% excise tax; only a transfer by inheritance or bequest is exempt (Registration Manual, 'Tax: Vehicle Excise', B.3).

Forms

  • Affidavit for Collection of Personal Property of the Decedent NDCC 30.1-23-01(SFN 2916)(Revision 4-2026; must be signed before a notary public or other authorized officer. Title copied from the NDDOT forms-list row.)
  • Application for Certificate of Title & Registration of a Vehicle(SFN 2872)(Revision 4-2026. Tax exemption 2 covers a JTWROS vehicle now put in one name; exemption 3 covers inheritance.)
  • Release of Lien by Legal Owner(SFN 2876)(Named in the Registration Manual's duplicate-title section; if the record shows a lien, a duplicate goes to the lienholder unless SFN 2876 is provided.)

Fees

Certificate of title fee, $5.00 (SFN 2872; N.D.C.C. § 39-05-19 for a transfer other than by voluntary transfer, § 39-05-17(4) for a voluntary transfer).$5
excise tax5% motor vehicle excise tax does not apply to a vehicle acquired by inheritance or bequest (N.D.C.C. § 57-40.3-04(5)(a)) or to a JTWROS vehicle transferred without payment to a surviving joint tenant (§ 57-40.3-04(5)(b)). A purchase from an estate is taxable.
registration transferSFN 2872 lists a $5.00 Plate or Credit Transfer Fee for moving plates or registration credit. Registration fees depend on the vehicle type; NDDOT publishes them as 2026 fee schedules on its Motor Vehicle page, and the Miscellaneous Fee Schedule (MVD-6) prints 'Monthly proration schedule applies on all transfers of ownership'.

Title fee read on SFN 2872 (4-2026) and the Registration Manual MV1012 (Rev. 07/25) on 2026-09-28, and matched to N.D.C.C. §§ 39-05-17(4) and 39-05-19. Branch fee amount not published.

Small-estate vehicle transfer

North Dakota's small-estate route for a vehicle is the general collection-by-affidavit procedure of N.D.C.C. § 30.1-23-01, filed with NDDOT on its own version of the affidavit, SFN 2916. There is no separate vehicle-only affidavit and no vehicle-specific dollar limit.

Threshold: $100,000

The affidavit reaches tangible personal property, debts and instruments, not real property. A holder who refuses to deliver can be compelled in a proceeding under N.D.C.C. § 30.1-23-02.

Lost or duplicate title

When the title is lost, stolen, mutilated, destroyed or illegible. The first lienholder or, if none, the owner or the owner's legal representative applies (N.D.C.C. § 39-05-09.1). Get the duplicate before transferring a deceased owner's vehicle whose title cannot be found.

Complete SFN 2872 with the Duplicate Title box and reason, and submit it with the $5 fee at any motor vehicle site or by mail. The duplicate carries the legend 'This is a duplicate certificate and may be subject to the rights of a person under the original certificate'.

Form:Application for Certificate of Title & Registration of a Vehicle (Duplicate Title box)(SFN 2872)

Fee: $5

The duplicate is mailed to the first lienholder named, or to the owner if there is none. If Division records show a lien, the title goes to the lienholder unless a Release of Lien by Legal Owner (SFN 2876) is provided (Registration Manual).

Helpful resources

Statewide forms and steps live in the vehicle title transfer guide. If the title cannot be found, see selling a car without a title.

Vehicle sources (11)

Sources for this page (36)

The facts above come from these official sources. Verify current details with the office before filing.

You've seen what probate involves. Here's how to spare your own family.

A few simple steps (naming beneficiaries, a transfer-on-death deed where your state allows it, or a living trust) can keep your estate out of court.

See how to avoid probate in North Dakota

Frequently Asked Questions

How much does probate cost in Richland County?
Probate filing fees in Richland County, North Dakota vary by the type of administration. The court filing fee shown on this page is $160+; confirm current amounts with the District Court before filing.
How long does probate take in Richland County?
Timelines depend on the probate procedure, the court, and whether notice or publication is required. Simplified procedures can range from a few weeks to several months, while full administration often takes 6-12 months or longer.
Do I need an attorney for probate in Richland County?
Attorney requirements depend on the type of administration and your specific situation. Consider talking with a probate attorney before filing or making legal decisions.

More North Dakota Resources

Explore the rest of the North Dakota probate hub.

Do I need probate?5 pages
For the executor4 pages
Money and taxes5 pages
Family and inheritance5 pages
Transfer assets5 pages
File and learn5 pages

Verified against Richland County District Court on September 28, 2026

Settled Estate is not a law firm, and this content is for informational purposes only and does not constitute legal advice. Probate laws and procedures in North Dakota can change. Consult with a qualified attorney for advice specific to your situation. Full disclaimer.