Overview
Dunn County is located in North Dakota with a population of approximately 4,031. The Dunn 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 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 (effective July 1, 2025). An Affidavit for Collection of Personal Property can be used to collect assets without full probate court administration 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 provided and the complexity of the estate.
This guide provides an informational overview of the Dunn 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
Dunn County District Court
Probate matters in Dunn County are handled at the Dunn County Courthouse.
Address: 205 Owens Street, Manning, ND 58642-9513
Phone: (701) 573-4447 (Clerk of Court)
Hours: Monday through Thursday, 7:00 AM to 4:30 PM; Friday, 8:00 AM to 12:00 PM
The Clerk of Court's office is located within the county courthouse in Manning. The court is part of the Southwest Judicial District.
Parking and Access
Free parking is generally available around the courthouse building.
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/encumbrances), you may be able to use an affidavit to collect 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 a Application for Informal Probate and Appointment of Personal Representative with the Dunn County District Court. Include:
- Original Will (if applicable)
- Application for Informal Probate
- Certified Death Certificate
- $80.00 filing fee
- Statement of Informal Probate and Letters Testamentary/Administration
E-filing is mandatory for attorneys and optional for self-represented litigants via 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 (or within 30 days of appointment for informal probate)
- Publish notice in a newspaper of general circulation in Dunn 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 (for formal probate). At the hearing, the judge reviews the petition and, if approved, issues Letters Testamentary or Letters of Administration. Informal probate typically does not require a hearing.
Step 5: Administer the Estate
After receiving Letters, the personal representative must:
- Publish notice to creditors in a local newspaper. Creditors have 3 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
Dunn County-Specific Procedures
- E-filing: Attorneys must file electronically. Self-represented parties may file in paper or electronically.
- Bond: Bond may be required unless waived by the will or by all interested persons.
- 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 Dunn County for three consecutive weeks.
The Dunn County District Court is part of the Southwest Judicial District. Check with the clerk for any specific local scheduling preferences.
Timeline & Fees
Filing Fees (Dunn County)
- Probate Filing Fee: approximately $80
- Demand for Notice: approximately $10
- Certified copies of Letters: approximately $10 per certified copy
- Publication costs: approximately $150-$300 depending on the newspaper
- Copy fees: $1 per page
North Dakota does not set statutory attorney or executor fees; they must be reasonable.
Payment Methods
The court accepts cash, checks, or money orders. Credit cards may be accepted via online payment systems. Credit card payments may incur a service 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
Creditor claim period is 3 months. Tax clearance may take additional time.
Local Resources
Dunn County Court Resources
- Court Website: dunncountynd.gov
- Probate Self-Help: North Dakota Legal Self Help Center
- North Dakota Probate Forms: Official court forms for 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 — Legal assistance for eligible low-income residents
- SBAND Lawyer Referral: sband.org
Publication
- The Dickinson Press: (701) 456-1111 — Regional newspaper covering Dunn County
- The Minot Daily News: (701) 852-3341 — Regional newspaper often used for notices