Overview
Adams County is located in North Dakota with a population of approximately 2,141. The Adams County District Court handles all probate and estate matters for decedents who were domiciled in the county at the time of death.
North Dakota probate is governed by the Uniform Probate Code (North Dakota Century Code Title 30.1). The process begins with filing a Petition for Probate of Will and Appointment of Personal Representative (Form 1 or similar) to admit the will and appoint a personal representative. The court then issues Letters Testamentary for testate estates or Letters of Administration for intestate estates.
North Dakota offers a simplified process for small estates. If the value of the estate (less liens and encumbrances) does not exceed $100,000, successors may use an Affidavit for Collection of Personal Property after a 30-day waiting period, avoiding formal probate court proceedings.
State law sets the probate filing fee at $80.00. Personal representatives and attorneys are entitled to reasonable compensation for their services; North Dakota does not have a statutory percentage fee schedule for attorneys or executors, so fees are typically based on hourly rates or a flat fee agreed upon by the parties.
This guide provides an informational overview of the Adams County probate process. It is not legal advice and is not a substitute for consulting a qualified attorney. Laws and local procedures may change — verify current requirements with the court.
Courthouse Information
Adams County District Court
Probate matters in Adams County are handled at the Adams County Courthouse.
Address: 602 Adams Avenue, Suite 202, Hettinger, ND 58639
Phone: (701) 567-2537 (Clerk of District Court)
Hours: Monday through Thursday, 8:00 AM to 4:00 PM; Friday, 8:00 AM to 12:00 PM (verify current hours with the court)
The District Court is part of the Southwest Judicial District. The Clerk of Court's office is located on the second floor of the courthouse.
Parking and Access
Free street parking is generally available around the courthouse square in Hettinger. The building is accessible to the public during court hours.
Filing Process
Step 1: Determine If Probate Is Necessary
Before filing, assess whether formal probate is required:
- Small Estate Affidavit: If the estate's value (less liens) is $100,000 or less, you may be able to collect assets using an affidavit 30 days after death.
- Joint Tenancy/Survivorship: Assets held in joint tenancy with rights of survivorship pass directly to the surviving owner.
- Trust administration: Assets held in a living trust generally do not require probate.
Step 2: File the Petition
If formal probate is needed, file a Petition for Probate with the Adams County District Court. Include:
- Petition for Probate of Will and Appointment of Personal Representative
- Original will and codicils (if any)
- Certified death certificate
- Filing fee ($80.00)
- Statement of Informal Probate (if using informal process)
North Dakota allows for Informal Probate (handled by the clerk without a hearing) for uncontested estates, which is faster and less expensive than Formal Probate.
Step 3: Provide Notice
After filing, you must:
- Mail notice of the appointment to all heirs, devisees, and interested parties within 30 days of appointment.
- Publish notice to creditors in the Adams County Record once a week for three successive weeks.
Step 4: Attend the Hearing
For Informal Probate, no hearing is typically required; the Clerk issues Letters upon reviewing the paperwork. For Formal Probate (contested or complex cases), the court will schedule a hearing to admit the will and appoint the representative.
Step 5: Administer the Estate
After receiving Letters, the personal representative must:
- Notify creditors (creditors have 3 months after publication to file claims)
- Inventory and appraise all estate assets within 3 months of appointment
- Pay valid creditor claims and estate expenses
- File federal and state tax returns as needed
- Distribute assets to beneficiaries
- Close the estate by filing a Sworn Statement of Personal Representative Closing Estate
Local Requirements
Adams County-Specific Procedures
- E-filing: North Dakota courts utilize the Odyssey File & Serve system. Attorneys are required to e-file; self-represented litigants may file in paper or use the e-filing system.
- Local Court Rules: The Southwest Judicial District may have specific administrative orders; check with the Clerk for any judge-specific requirements.
- Publication: Notice to creditors must be published in the Adams County Record, the official newspaper of general circulation for the county.
The Clerk of Court can provide procedural guidance but cannot give legal advice.
Timeline & Fees
Filing Fees (Adams County)
- Probate Filing Fee: $80.00
- Certified copies of Letters: $10.00 for the first copy, $5.00 for subsequent copies (verify current rates)
- Publication costs: Approximately $100-$200 depending on the length of the notice
- Recording Fees: Varies by document length (for real estate transfers)
Payment Methods
The court accepts cash, checks, and money orders. Credit cards may be accepted for e-filing or with a convenience fee.
Estimated Timelines
- Small Estate Affidavit: Minimum 30 days after death
- Informal Probate (Uncontested): 4-6 months minimum (due to 3-month creditor period)
- Formal/Contested Estates: 9 months to 2 years or more
Creditors have 3 months from the date of first publication to file claims against the estate.
Local Resources
Adams County Court Resources
- Court Website: ndcourts.gov
- Probate Self-Help: ND Legal Self Help Center
- North Dakota Probate Forms: ND Courts Forms
Legal Aid and Attorney Referrals
- State Bar Association of North Dakota: (866) 450-9579 — sband.org
- Legal Services of North Dakota: (800) 634-5263 — lsnd.org
Publication
- Adams County Record: (701) 567-2424 — Official newspaper for legal notices in Hettinger and Adams County.