Probate in North Dakota
North Dakota probate is administered in the District Court of the county where the deceased resided. North Dakota follows the Uniform Probate Code and allows informal (unsupervised) administration in most cases, significantly reducing court involvement.
North Dakota probate typically takes 6–12 months.
Simplified estate procedures
North Dakota allows a small estate affidavit for personal property of $50,000 or less, available 30 days after death. North Dakota also has simplified procedures for surviving spouses.
North Dakota authorizes transfer on death deeds for real property.
Death certificates
North Dakota death certificates are issued by the North Dakota Department of Health (NDDOH) Division of Vital Records. At $7 per certified copy, North Dakota has one of the lowest fees in the country. Order through NDDOH or VitalChek.
Order at least 10–12 certified copies when the funeral home files the initial certificate.
Estate and inheritance tax
- State estate tax: North Dakota has no state estate tax and no inheritance tax.
The federal estate tax applies only to estates above $13.61 million (2024 threshold).
Notable rules
- Creditor claim period: 3 months from the date of first publication of notice to creditors.
- Transfer on death deed: North Dakota allows transfer on death deeds for real property.
- Low death certificate cost: At $7 per copy, North Dakota is among the least expensive states for death certificates.
- No estate tax: North Dakota has no estate or inheritance tax.
Key contacts
- North Dakota vital records: health.nd.gov/vital
- North Dakota Courts probate: ndcourts.gov
- State Bar Association of North Dakota lawyer referral: sband.org