Overview
LaMoure County is located in North Dakota with a population of approximately 4,051. The LaMoure 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 the Uniform Probate Code (N.D.C.C. Title 30.1). The process begins with filing a Petition for Probate of Will 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. If the value of the estate, less liens and encumbrances, does not exceed $100,000, successors may use a Collection of Personal Property by Affidavit (Small Estate Affidavit) to collect assets without full court administration.
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 LaMoure 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
LaMoure County District Court
Probate matters in LaMoure County are handled at the LaMoure County Courthouse.
Address: 204 4th Ave NE, PO Box 128, LaMoure, ND 58458
Phone: (701) 883-6050 (Clerk of Court)
Hours: Monday through Friday, 8:30 AM to 12:00 PM and 1:00 PM to 4:30 PM
The District Court is part of the Southeast Judicial District. The Clerk of Court's office accepts filings and can answer procedural questions but cannot provide legal advice.
Parking and Access
Street parking is generally available around the courthouse square. The building is accessible to the public during business hours.
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.
- Joint Tenancy/Survivorship: Assets held in joint tenancy with right of survivorship pass directly to the surviving owner.
- 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 Petition for Probate with the LaMoure County District Court. Include:
- Petition for Probate of Will and/or Appointment of Personal Representative
- Original will and codicils (if any)
- Certified death certificate
- Filing fee ($80.00)
- Statement of Informal Probate (if proceeding informally)
North Dakota allows for e-filing through the Odyssey File & Serve system, which is mandatory for attorneys and optional for self-represented litigants.
Step 3: Provide Notice
After filing, you must:
- Mail notice of the hearing (or notice of appointment in informal proceedings) to all heirs, beneficiaries, and interested parties within 30 days of appointment.
- Publish notice to creditors in a newspaper of general circulation in LaMoure County (e.g., The LaMoure Chronicle) once a week for three successive weeks.
Step 4: Attend the Hearing
For formal probate, the court will schedule a hearing. For informal probate, the Clerk of Court or a magistrate may review the application without a hearing. Once 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 after publication to file claims)
- Inventory and appraise all estate assets within 3 months of appointment
- Pay valid creditor claims and estate expenses
- File federal and state tax returns as needed
- Distribute assets to beneficiaries
- File a Final Account and close the estate
Local Requirements
LaMoure County-Specific Procedures
- E-filing: Attorneys are required to e-file documents. Self-represented litigants may file in paper or use the electronic system.
- Bond requirements: Bond may be required unless waived by the will or by the court.
- Local court rules: The Southeast Judicial District may have specific administrative orders; check with the clerk for any unique local forms or scheduling practices.
- Publication: Notice to creditors must be published in the official county newspaper, The LaMoure Chronicle.
Always check with the Clerk of Court for the most current local requirements.
Timeline & Fees
Filing Fees (LaMoure County)
- Probate Petition: approximately $80.00 (Note: Fees subject to change; check current schedule)
- Small Estate Affidavit: No court filing fee (presented to holder of property)
- Certified copies of Letters: approximately $10.00 per certified copy
- Publication costs: approximately $100-$200 depending on the length of the notice
- Recording fees: Varies for recording deeds with the County Recorder
Payment Methods
The court accepts cash, checks, money orders, and credit/debit cards (service fees may apply).
Estimated Timelines
- Simple estates (informal, no disputes): 6-12 months
- Average estates: 9-15 months
- Complex or contested estates: 12 months to 2 years or more
Creditors have 3 months from the date of first publication to file claims, which sets a minimum timeline for closing the estate.
Local Resources
LaMoure County Court Resources
- Court Website: LaMoure County Court
- Probate Self-Help: ND Legal Self Help Center
- North Dakota Probate Forms: ND Supreme Court Forms
Legal Aid and Attorney Referrals
- State Bar Association of North Dakota: (866) 450-9579 — sband.org
- Legal Services of North Dakota: (800) 634-5263 — legalassist.org
Publication
- The LaMoure Chronicle: (701) 883-5373 — Official newspaper for legal notices in LaMoure County