Overview
Burke County is located in North Dakota with a population of approximately 2,154. The Burke 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 North Dakota Century Code Title 30.1 (Uniform Probate Code). The process begins with filing a Application for Informal Probate and Appointment of Personal Representative (Form 1) 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 valued at $100,000 or less (increased from $50,000 in 2025). Successors may collect assets via an Affidavit for Collection of Personal Property 30 days after death.
North Dakota does not have a statutory fee schedule for attorneys or personal representatives; fees must be reasonable based on the services rendered.
This guide provides an informational overview of the Burke 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
Burke County District Court
Probate matters in Burke County are handled at the Burke County Courthouse.
Address: 103 Main St. NE, Bowbells, ND 58721
Phone: (701) 377-2718 (Clerk of District Court)
Hours: 8:30 AM - 5:00 PM (Labor Day to Memorial Day); 7:30 AM - 4:00 PM (Memorial Day to Labor Day); closed for lunch
The courthouse is located in Bowbells and houses the District Court for the North Central Judicial District.
Parking and Access
Street parking is generally available around the courthouse.
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), successors can collect assets via affidavit 30 days after death.
- Summary Administration: Available for estates where the value does not exceed the homestead allowance, exempt property, family allowance, costs of administration, funeral expenses, and medical expenses of the last illness.
- 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 Application for Informal Probate and Appointment of Personal Representative with the Burke County District Court. Include:
- Application for Informal Probate
- Original Last Will and Testament (if any)
- Certified Death Certificate
- $80 filing fee
- Statement of Informal Probate and Letters Testamentary/Administration
E-filing is mandatory for attorneys and available for self-represented litigants via the North Dakota Odyssey File & Serve system.
Step 3: Provide Notice
After filing, you must:
- Mail notice of the hearing (or application) to all heirs, beneficiaries, and interested parties at least 14 days before the hearing (or as required by informal procedures)
- Publish notice to creditors in a newspaper of general circulation in Burke County (e.g., Burke County Tribune) once a week 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. If approved, the court issues Letters Testamentary or Letters of Administration.
Step 5: Administer the Estate
After receiving Letters, the personal representative must:
- Notify creditors — creditors have 3 months from the first publication of notice 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
Burke County-Specific Procedures
- E-filing: North Dakota courts use the Odyssey File & Serve system. Attorneys are required to e-file; self-represented litigants may e-file or file in paper.
- Bond requirements: Bond may be required unless waived by the will or the court.
- Identification: Personal Representatives must provide identification and contact information to the court.
- Publication: Notice must be published in a newspaper of general circulation in Burke County for three consecutive weeks.
Check with the Clerk of Court for any specific local forms or procedural nuances.
Timeline & Fees
Filing Fees (Burke County)
- Probate Filing Fee: approximately $80
- Motion Fee: approximately $20
- Certified copies of Letters: approximately $10-$20 per certified copy
- Publication costs: approximately $100-$300 depending on the newspaper
- Demand for Notice: approximately $20
North Dakota does not have a statutory fee schedule for attorneys or executors; fees must be reasonable.
Payment Methods
The court accepts checks, money orders, and credit cards (via e-filing or phone).
Estimated Timelines
- Simple estates (no disputes, limited assets): 6-12 months
- Average estates: 9-18 months
- Complex or contested estates: 18 months to 3 years
Timelines are affected by the 3-month creditor claim period and court scheduling availability.
Local Resources
Burke County Court Resources
- Court Website: ndcourts.gov
- Probate Self-Help: North Dakota Supreme Court Self-Help Center
- North Dakota Probate Forms: State Court 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 — Low-income legal assistance
- SBAND Lawyer Referral: sband.org
Publication
- Burke County Tribune: (701) 377-2626 — Official newspaper for legal notices