Overview
Divide County is located in North Dakota with a population of approximately 2,124. The Divide 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 allows for an Affidavit for Collection of Personal Property if the estate value (less liens and encumbrances) does not exceed $100,000. There is also a summary administration procedure 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.
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 Divide 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
Divide County District Court
Probate matters in Divide County are handled at the Divide County Courthouse.
Address: 200 N Main St, Crosby, ND 58730
Phone: (701) 965-6831 (Clerk of District Court)
Hours: Monday through Friday, 8:00 AM to 4:00 PM
The Clerk of Court's office is located in the county courthouse.
Parking and Access
Free street parking is generally available around the courthouse square.
Filing Process
Step 1: Determine If Probate Is Necessary
Before filing, assess whether formal probate is required:
- Affidavit for Collection of Personal Property: If the estate's value (less liens/encumbrances) is $100,000 or less, you may be able to collect assets by affidavit 30 days after death.
- Summary Administration: For estates where assets are sufficient only to pay priority claims and allowances.
- 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 Divide County District Court. Include:
- Original Last Will and Testament (if applicable)
- Statement of Informal Probate
- Certified copy of the 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 to all heirs, beneficiaries, and interested parties at least 14 days before the hearing (if a hearing is required)
- Publish notice in a newspaper of general circulation in Divide County for three consecutive weeks
Step 4: Attend the Hearing
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. (Note: Informal probate often does not require a hearing unless contested).
Step 5: Administer the Estate
After receiving Letters, the personal representative must:
- Publish notice to creditors in The Journal (claims must be presented within 3 months after the 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 accounting and petition for discharge
Local Requirements
Divide County-Specific Procedures
- E-Filing: Mandatory for attorneys; optional for self-represented litigants.
- Form Format: Forms should generally follow the North Dakota Legal Self-Help Center formats.
- Filing Fee: The $80 filing fee must be paid at the time of filing.
- Publication: Notice must be published in a newspaper of general circulation in Divide County for three successive weeks.
Check with the Clerk of Court for any specific local preferences regarding scheduling.
Timeline & Fees
Filing Fees (Divide County)
- Probate Petition: approximately $80
- Will Filing (for safekeeping): approximately $10
- Certified copies of Letters: approximately $10 for certification + $1 per page
- Publication costs: approximately $150-$300 depending on the newspaper
- Recording fees for real estate documents vary.
North Dakota law requires personal representative and attorney fees to be "reasonable" based on time, complexity, and results. There is no percentage-based statutory fee.
Payment Methods
The court accepts cash, check, or money order. Credit cards may be accepted with a service fee (typically ~3%).
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 3-month creditor claim period sets a minimum duration.
Local Resources
Divide County Court Resources
- Court Website: ndcourts.gov
- Probate Self-Help: ND Supreme Court Legal Self-Help Center
- North Dakota Probate Forms: Official forms for 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 — Civil legal assistance for low-income residents
- SBAND Lawyer Referral: sband.org
Publication
- The Journal: (701) 965-6088 — Official newspaper for Divide County.
- Tioga Tribune: (701) 664-2525 — Serving nearby areas.