Overview
Benson County is located in North Dakota with a population of approximately 5,964. The Benson 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 (N.D.C.C. Title 30.1). The process begins with filing a Petition for Probate of Will and Appointment of Personal Representative 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, bypassing formal probate.
North Dakota does not have a statutory fee schedule for attorneys or personal representatives; fees must be reasonable based on the services provided.
This guide provides an informational overview of the Benson 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
Benson County District Court
Probate matters in Benson County are handled at the Benson County Courthouse.
Address: 311 B Ave S, Minnewaukan, ND 58351 (Mailing: PO Box 213)
Phone: (701) 473-5345 (Clerk of Court)
Hours: Monday through Friday, 8:30 AM - 12:00 PM, 12:30 PM - 4:30 PM
The District Court is part of the Northeast Judicial District. The Clerk of Court's office is located within the historic county courthouse in Minnewaukan.
Parking and Access
Free street parking is generally available around the courthouse square. The building is accessible to the public during standard business hours.
Filing Process
Step 1: Determine If Probate Is Necessary
Before filing, assess whether formal probate is required:
- Small Estate Affidavit: If the estate is valued at $100,000 or less (less liens), you may be able to collect assets via 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 (Form 1 or similar) with the Benson 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 e-filing through the Odyssey File & Serve system, which is mandatory for attorneys and optional for self-represented litigants.
Step 3: Provide Notice
After filing, you must:
- Mail notice of the hearing (or application) to all heirs, beneficiaries, and interested parties within 30 days of appointment.
- Publish notice in a newspaper of general circulation in Benson County (such as the Benson County Farmers Press) once a week for three successive weeks to notify creditors.
Step 4: Attend the Hearing
For informal probate, a hearing is often not required if paperwork is in order. For formal probate, the court will schedule a hearing. If approved, the judge or clerk issues Letters Testamentary or Letters of Administration.
Step 5: Administer the Estate
After receiving Letters, the personal representative must:
- Notify creditors (claims must be presented within 3 months of first publication)
- Inventory and appraise all estate assets within 3 months of appointment
- Pay valid creditor claims
- File federal and state tax returns as needed
- Distribute assets to beneficiaries
- File a Final Account and petition for discharge to close the estate
Local Requirements
Benson County-Specific Procedures
- E-filing: Attorneys are required to e-file documents. Self-represented litigants may file in paper or electronically.
- Publication: Notice to creditors must be published in a newspaper of general circulation in Benson County, such as the Benson County Farmers Press.
- Local Rules: The Northeast Judicial District may have specific case management orders; check with the Clerk of Court for any judge-specific requirements.
The court generally follows the North Dakota Uniform Probate Code procedures for informal and formal probate.
Timeline & Fees
Filing Fees (Benson County)
- Petition for Probate: approximately $80.00
- Small Estate Affidavit: No court filing fee (presented directly to asset holders)
- Certified copies of Letters: approximately $10.00 - $20.00 per copy
- Publication costs: approximately $100-$300 depending on the newspaper and length of notice
Payment Methods
The court accepts cash, checks, money orders, and credit/debit cards (with a service fee).
Estimated Timelines
- Simple estates (Informal): 6-9 months (minimum 3 months for creditor claims)
- Average estates: 9-12 months
- Complex or contested estates: 12 months to 2+ years
The creditor claim period in North Dakota is 3 months from the date of the first publication of notice.
Local Resources
Benson County Court Resources
- Court Website: ndcourts.gov/court-locations/benson-county
- Probate Self-Help: ndcourts.gov/legal-self-help/informal-probate
- North Dakota Probate Forms: ndcourts.gov/legal-self-help/informal-probate
Legal Aid and Attorney Referrals
- State Bar Association of North Dakota: (866) 450-9579 — Lawyer Referral Service
- Legal Services of North Dakota: (800) 634-5263 — Low-income legal assistance
- North Dakota Courts Self-Help Center: ndcourts.gov/legal-self-help
Publication
- Benson County Farmers Press: (701) 473-5401 — Official newspaper for legal notices