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)
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.