Formal Probate

Overview

Formal probate cases are designed for increased supervision of the deceased person’s estate by the North Dakota state district court. Court 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) isn't disputed, the informal probate court process may be used.

Forms

North Dakota Legal Self Help Center forms aren’t official court forms and courts aren’t required to accept them. There’s no guarantee that all judges and courts will accept forms available through the Center. Use at your own risk.

Forms aren’t available for formal probate proceedings. If you decide to bring a formal probate case, you create your legal documents yourself, or retain a lawyer to create legal documents for you. The General-Use forms on this website may be used as a starting point for creating your own legal documents.

The following general-use probate forms are available:

• Document Return Request Form
• Claims Against an Estate
• Demand for Notice
• Declaration of Service by Mail Form 
• Declaration of Service by Personal Delivery Form

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
• North Dakota Rules of Court
• North Dakota Rules of Evidence

Other Resources

• 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 don’t understand any of this information, or if you have trouble filling out any of the forms located here, consult a lawyer

The information provided on and obtained from this site doesn’t constitute the official record of the Court. This information is provided as a service to the general public. Any user of this information is hereby advised that it is being provided "as is". The information provided may be subject to errors or omissions. Visitors to this site agree that the Court isn’t liable for errors or omissions of any of the information provided.

If you have a question relating to a case that is already filed please contact the clerk of court for the county.