Overview
Burleigh County is located in North Dakota with a population of approximately 103,107. The Burleigh 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 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 process for small estates valued at $100,000 or less (less liens and encumbrances) via an Affidavit for Collection of Personal Property. This procedure cannot be used if the estate includes real property.
North Dakota does not have a statutory fee schedule for attorneys or personal representatives; fees must be "reasonable" based on services provided.
This guide provides an informational overview of the Burleigh 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
Burleigh County District Court
Probate matters in Burleigh County are handled at the Burleigh County Courthouse.
Address: 514 E Thayer Ave, Bismarck, ND 58501
Phone: (701) 222-6690 ext. 1 (Clerk of District Court)
Hours: Monday through Friday, 8:00 AM to 5:00 PM
The District Court is located within the Burleigh County Courthouse. The Clerk of Court's office handles probate filings.
Parking and Access
Public parking is available in the parking ramp located south of the courthouse (enter from 6th Street). Accessible parking is available near the entrance.
Filing Process
Step 1: Determine If Probate Is Necessary
Before filing, assess whether formal probate is required:
- Small Estate Affidavit: If the estate (less liens/encumbrances) is valued at $100,000 or less and contains no real property, you may use an Affidavit for Collection of Personal Property after a 30-day waiting period.
- 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 of administration, reasonable funeral expenses, and reasonable 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 an Application for Informal Probate and Appointment of Personal Representative with the Burleigh County District Court. Include:
- Original Last Will and Testament (if applicable)
- Statement of Informal Probate
- Certified Death Certificate
- $80.00 filing fee
- Letters Testamentary/Administration (proposed)
Attorneys are required to e-file. 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 in a newspaper of general circulation in Burleigh County for three successive weeks.
Step 4: Attend the Hearing
For informal probate, a hearing is typically not required unless there is an objection. For formal probate, the court will schedule a hearing, 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; creditors have three months from the date of first publication to file claims.
- Inventory and appraise all estate assets within three 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
Burleigh County-Specific Procedures
- E-Filing: Mandatory for attorneys; optional for self-represented litigants via Odyssey File & Serve.
- Identification: Personal representatives may need to provide social security numbers or other ID for tax and court purposes.
- Form Format: Forms should generally follow the North Dakota Legal Self Help Center formats.
- Publication: Notice must be published in a newspaper of general circulation in Burleigh County for three consecutive weeks.
Burleigh County is part of the South Central Judicial District. Check with the clerk for any specific judge assignment rules.
Timeline & Fees
Filing Fees (Burleigh County)
- Probate Filing Fee: approximately $80
- Demand for Notice: approximately $10
- Certified copies of Letters: approximately $12 per certified copy
- Publication costs: approximately $150-$300 depending on the newspaper
- Recording fees: approximately $20 for first 6 pages for real estate documents
North Dakota does not have a statutory fee schedule; fees must be reasonable.
Payment Methods
The court accepts cash, checks, money orders, and credit cards (with service fee). Credit card payments typically incur a ~3% convenience fee.
Estimated Timelines
- Simple estates (no disputes, limited assets): 6-9 months
- Average estates: 9-15 months
- Complex or contested estates: 18 months to 2+ years
The three-month creditor claim period is a mandatory minimum wait before closing.
Local Resources
Burleigh County Court Resources
- Court Website: ndcourts.gov
- Probate Self-Help: North Dakota Legal Self Help Center - Probate
- North Dakota Probate Forms: Official forms for informal probate and small estates
Legal Aid and Attorney Referrals
- State Bar Association of North Dakota: (701) 255-1404 — Attorney referral and resources
- Legal Services of North Dakota: (800) 634-5263 — Legal assistance for qualifying low-income residents
- State Bar Lawyer Referral: sband.org
Publication
- The Bismarck Tribune: (701) 223-2500 — Official newspaper for Burleigh County legal notices