Formal probate cases are designed for increased supervision of the deceased person’s estate by the North Dakota state district court. In-person hearings are a required part of the formal probate process.
Formal probate of an estate is a required court process when the validity of a will needs to be determined, there are objections to using the informal probate process, and
when more than 3 years have passed since the date of death.
If less than 3 years have passed from the date of death, there are no objections to using the informal probate process, and the validity of a will (if any) is not disputed, the informal probate court process may be used.
Forms are not available for formal probate proceedings.
Selected Statutes (Laws) & Rules
- North Dakota Century Code Title 30.1: Uniform Probate Code
- North Dakota Century Code Chapter 30.1-15: Formal Testacy and Appointment Proceedings
- North Dakota Rules of Civil Procedure
- Affidavit for Collection of Personal Property of the Decedent
- Informal Probate
- Legal Research Resources for Formal Probate (Flickertale, July 2020, Pages 12-13)
- Filing Fee Waiver Request
If you do not understand any of this information, or if you have trouble filling out any of the forms located here, please see an attorney for help.
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If you have a question relating to a case that is already filed please contact the clerk of court for the county.