Overview
Billings County is located in North Dakota with a population of approximately 1,063. The Southwest Judicial 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 North Dakota Century Code Title 30.1 (Uniform Probate Code). The process begins with filing an Application for Informal Probate 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 procedure for small estates. If the value of the estate, less liens and encumbrances, is $100,000 or less and includes no real property, successors may use an Affidavit for Collection of Personal Property after a 30-day waiting period.
North Dakota does not have a statutory fee schedule for attorneys or personal representatives. Fees must be "reasonable" based on the services provided, the complexity of the estate, and the time involved.
This guide provides an informational overview of the Billings 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
Southwest Judicial District Court
Probate matters in Billings County are handled at the Billings County Courthouse.
Address: 495 4th Street, Medora, ND 58645
Phone: (701) 623-4492 (Clerk of Court)
Hours: Monday through Thursday, 8:00 AM to 4:00 PM; Friday, 8:00 AM to 12:00 PM
The Clerk of Court's office is located within the county courthouse. The court is part of the Southwest Judicial District, which serves multiple counties in the region.
Parking and Access
Public parking is available near the courthouse. The building is accessible to the public during 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 and encumbrances) and includes no real property, you may use an Affidavit for Collection of Personal Property 30 days after death.
- Summary Administration: For estates where the value of the entire estate, less liens and encumbrances, does not exceed the homestead allowance, exempt property, family allowance, costs and expenses of administration, reasonable funeral expenses, and reasonable and necessary medical and hospital expenses of the last illness of the decedent.
- Trust administration: Assets held in a living trust generally do not require probate.
Step 2: File the Petition
If formal probate is needed, file an Application for Informal Probate and Appointment of Personal Representative with the Southwest Judicial District Court. Include:
- Original Last Will and Testament (if applicable)
- Application for Informal Probate
- Certified copy of the Death Certificate
- $160 filing fee
- Statement of Informal Probate
North Dakota requires electronic filing (e-filing) for attorneys. Self-represented litigants may file in paper or use the Odyssey File & Serve system.
Step 3: Provide Notice
After filing, you must:
- Mail notice of the hearing (if formal) or notice of appointment (if informal) to all heirs, beneficiaries, and interested parties.
- Publish notice to creditors in a newspaper of general circulation in Billings County for three consecutive weeks.
Step 4: Attend the Hearing
For informal probate, a hearing is typically not required unless the application is contested. For formal probate, the court will schedule a hearing on the petition, typically 2 to 4 weeks after filing. At the hearing, the judge reviews the petition and, if approved, issues Letters Testamentary or Letters of Administration.
Step 5: Administer the Estate
After receiving Letters, the personal representative must:
- Publish notice to creditors in a local newspaper and mail notice to known creditors. Creditors have three months from the first publication to file claims.
- 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 accounting and petition for discharge
Local Requirements
Billings County-Specific Procedures
- E-Filing: Attorneys must e-file via Odyssey File & Serve. Self-represented parties may file paper documents.
- Identification: Personal Representatives must provide their SSN and contact info to the court.
- Mediation: The district may refer contested probate matters to mediation.
- Publication: Notice must be published in a newspaper of general circulation in Billings County for three consecutive weeks.
Billings County is part of the Southwest Judicial District.
Timeline & Fees
Filing Fees (Billings County)
- Probate Filing Fee: approximately $160
- Motion Fee: approximately $20
- Certified copies of Letters: approximately $10 per certified copy
- Publication costs: approximately $150-$300 depending on the newspaper
- Recording Will: $20
North Dakota does not have a statutory fee schedule for attorneys or personal representatives. Fees must be "reasonable" based on the services provided.
Payment Methods
The court accepts cash, check, or money order. Credit cards may be accepted with a service fee.
Estimated Timelines
- Simple estates (no disputes, limited assets): 6-9 months
- Average estates: 9-12 months
- Complex or contested estates: 1 year or more
The creditor claim period is 3 months, which sets a minimum duration for the estate.
Local Resources
Billings County Court Resources
- Court Website: billingscountynd.gov
- Probate Self-Help: ND Legal Self Help Center
- North Dakota Probate Forms: North Dakota Probate Forms
Legal Aid and Attorney Referrals
- State Bar Association of North Dakota: (701) 255-1404 — Lawyer Referral Service
- Legal Services of North Dakota: (800) 634-5263 — Free legal assistance for eligible low-income residents.
- SBAND Lawyer Referral: SBAND Lawyer Referral
Publication
- Billings County Pioneer: (701) 223-6397 — Official newspaper for Billings County.
- The Dickinson Press: (701) 456-1100 — Regional newspaper serving the area.