Overview
Kidder County is located in North Dakota with a population of approximately 2,371. The Kidder 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 process for small estates valued at $100,000 or less (effective 2025). An Affidavit for Collection of Personal Property can be used 30 days after death.
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 Kidder 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
Kidder County District Court
Probate matters in Kidder County are handled at the Kidder County Courthouse.
Address: 120 Broadway E, Steele, ND 58482
Phone: (701) 475-4548 (Clerk of District Court)
Hours: Monday through Friday, 9:00 AM to 5:00 PM (closed 12:00 PM - 1:00 PM for lunch)
The District Court is located within the historic Kidder County Courthouse in Steele. The Clerk of Court's office handles all probate filings.
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:
- Small Estate Affidavit: If the estate is valued at $100,000 or less (less liens/encumbrances), successors can collect assets via affidavit 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 Kidder County District Court. Include:
- Original Last Will and Testament (if applicable)
- Application for Informal Probate
- Certified Death Certificate
- $160 filing fee
- Statement of Informal Probate, Letters Testamentary/Administration
North Dakota requires attorneys 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
- Publish notice in a newspaper of general circulation in Kidder 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.
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
Kidder County-Specific Procedures
- E-Filing: Attorneys are mandated to e-file; pro se litigants are encouraged to do so.
- Form Requirements: Use standard North Dakota Legal Self Help Center forms.
- Identification: Personal representatives may need to provide identification to the clerk when being sworn in.
- Publication: Notice must be published in a newspaper of general circulation in Kidder County for three consecutive weeks.
The Steele Ozone & Kidder County Press is the official newspaper for legal publications in the county.
Timeline & Fees
Filing Fees (Kidder County)
- Probate Petition: approximately $160
- Small Claims Filing: approximately $20
- Certified copies of Letters: approximately $10 per certified copy
- Publication costs: approximately $150-$300 depending on the newspaper
- Recording fees: $20 for first page, $3 for subsequent pages (if recording deeds).
North Dakota does not set statutory attorney fees; they must be reasonable.
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): 4-6 months
- Average estates: 6-12 months
- Complex or contested estates: 12 months to 2 years
The 3-month creditor claim period is a mandatory minimum wait time for closing the estate.
Local Resources
Kidder County Court Resources
- Court Website: ndcourts.gov
- Probate Self-Help: ND Legal Self Help Center
- North Dakota Probate Forms: ND Courts Forms
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 — Low-income legal assistance
- State Bar Lawyer Referral: sband.org
Publication
- Steele Ozone & Kidder County Press: (701) 475-2513 — Official county newspaper
- The Bismarck Tribune: (701) 223-2500 — Regional daily newspaper