North Dakota estate administration

North Dakota probate: rules, process, costs, executor fees and deadlines

Small-estate limit: $100,000

In North Dakota, estates up to $100,000 can use the small-estate route; executor pay is whatever the court finds reasonable (N.D.C.C. § 30.1-18-19); and claims are due three months after notice to creditors is first published and mailed. North Dakota is a Uniform Probate Code state. Personal property of a decedent whose estate (net of liens and encumbrances) does not exceed $100,000 can be collected by affidavit under N.D.C.C. § 30.1-23-01, thirty days after death, with no court filing. Probate proceedings are filed in the District Court, where N.D.C.C. § 27-05.2-03 sets a $160 civil case-for-decision fee; ask the clerk which fee category applies to your probate filing. Personal representatives receive reasonable compensation under § 30.1-18-19.

Sources reviewed August 9, 2026. Sources rechecked October 3, 2026. This page last revised .

Answer first

North Dakota simplified probate route

Up to $100,000; usable 30 days after death. Source: N.D.C.C. § 30.1-23-01.

Collection of personal property by affidavit (N.D.C.C. § 30.1-23-01)

No combined North Dakota probate total

The District Court filing charge is statewide: $160 (N.D.C.C. § 27-05.2-03(1)(a)). Executor pay is reasonable compensation (N.D.C.C. § 30.1-18-19), not a rate. Each side in full: North Dakota probate filing cost and North Dakota executor fees.

Screen a specific North Dakota estate with the calculators on the small-estate page and the executor-fee page, or compare states in the full estate navigator.

What the reviewed rules establish

Simplified route

$100,000

Collection of personal property by affidavit (N.D.C.C. § 30.1-23-01); usable 30 days after death.

Eligibility and caveats

Executor compensation

Court-reviewed

No percentage schedule; the court decides what is reasonable. Source: N.D.C.C. § 30.1-18-19.

Compensation detail

Statutes read in full for North Dakota

Read on the enacting state’s own site, with the date each was read.

CitationWhat reading it establishedRead on
N.D.C.C. § 27-05.2-03Which North Dakota filing fee a probate attracts depends on what is being filed — court and filing cost note2026-09-17
N.D.C.C. § 30.1-19-03 (UPC 3-803)North Dakota runs a three-month window, but only once notice is both published and mailed — creditor deadline note2026-09-17
N.D.C.C. §§ 30.1-23-01, 30.1-23-03, 30.1-23-04North Dakota has two small-estate routes, and only one of them is a dollar figure — small estate route note2026-09-17
N.D.C.C. § 30.1-18-19 (UPC 3-719)North Dakota adopted the uniform fee rule and did not add factors to it — representative pay note2026-09-17

North Dakota decision map

The four facts that change the North Dakota route

Each North Dakota answer below links to the page that sets out its source.

North Dakota estate administration decision map
QuestionRecorded North Dakota answer
What route is being screened?Collection of personal property by affidavit (N.D.C.C. § 30.1-23-01)
What property and basis count?personal probate property only; net of enforceable liens and encumbrances.
What is the amount screen?$100,000
What is the time or deadline record?30 days after death; creditor deadlines: separate clocks by triggering event
What does the cost record establish?$160 is the recorded statewide amount.
What does compensation use?Reasonable compensation set by the court, measured on the estate accounting.

Limits and unresolved costs

  • The $160 figure is the civil case-for-decision fee in N.D.C.C. § 27-05.2-03(1)(a); this site has not confirmed which category applies to a particular formal or informal probate filing. Ask the district court clerk before budgeting it.

What North Dakota courts publish

Each link goes to the court’s own page and is checked before every release.

Limits on court material

  • Probate in North Dakota is handled by the District Court. The court system publishes statewide informal-probate self-help resources and a district-court fee page. N.D.C.C. § 27-05.2-03 sets fees by filing category; confirm the category with the clerk; the § 30.1-23-01 affidavit is a private demand instrument, not a court filing.
  • The North Dakota statute text quoted on this site is the North Dakota Century Code as the Legislative Branch publishes it at ndlegis.gov.

North Dakota primary sources

Each rule on the North Dakota pages comes from one of these 4 sources; the citation opens the publisher’s own text. All were last rechecked October 3, 2026.

  1. Simplified-procedure rule

    N.D.C.C. § 30.1-23-01, (3-1201) — Collection of personal property by affidavit.

    North Dakota Legislative Branch (Century Code)

  2. Executor compensation rule

    N.D.C.C. § 30.1-18-19, (3-719) — Compensation of personal representative.

    North Dakota Legislative Branch (Century Code)

  3. Court cost rule

    N.D.C.C. § 27-05.2-03(1)(a), N.D.C.C. § 27-05.2-03 — Fees to be charged by the clerk of the district court.

    North Dakota Legislative Branch (Century Code)

  4. Creditor deadline rule

    N.D.C.C. § 30.1-19-03(1), N.D.C.C. § 30.1-19-03 (3-803) — Limitations on presentation of claims.

    North Dakota Legislative Branch (Century Code)

Sources rechecked October 3, 2026: North Dakota source list · how sources are checked · report a correction