Overview
Logan County is located in North Dakota with a population of approximately 1,880. The Logan 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) using an Affidavit for Collection of Personal Property of the Decedent (SFN 2916). There is a 30-day waiting period after death before this affidavit can be used.
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 Logan 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
Logan County District Court
Probate matters in Logan County are handled at the Logan County Courthouse.
Address: 301 Broadway, Napoleon, ND 58561
Phone: (701) 754-2751 (Clerk of District Court)
Hours: Monday through Friday, 8:30 AM to 4:30 PM (Closed 12:00 PM - 1:00 PM)
The Clerk of District Court office is located within the county courthouse. The court is part of the Southeast Judicial District.
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's value (less liens) is $100,000 or less, you may be able to use an affidavit to collect assets 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 an Application for Informal Probate and Appointment of Personal Representative with the Logan County District Court. Include:
- Application for Informal Probate
- Original Last Will and Testament (if applicable)
- Certified Copy of Death Certificate
- $80.00 filing fee
- Statement of Informal Probate, Letters Testamentary/Administration
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
- Publish notice in a newspaper of general circulation in Logan 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 once a week for three consecutive weeks. Creditors have three 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
Logan County-Specific Procedures
- E-Filing: Attorneys must file electronically via Odyssey File & Serve. Pro se litigants may file paper documents.
- Form Requirements: Use the official North Dakota Legal Self-Help Center forms.
- Identification: Personal Representatives may need to provide identification to the clerk when filing.
- Publication: Notice must be published in a newspaper of general circulation in Logan County for three consecutive weeks.
The Southeast Judicial District may have specific case management orders; check with the clerk for any judge-specific requirements.
Timeline & Fees
Filing Fees (Logan County)
- Probate Filing Fee: approximately $80
- Motion/Petition Fee (existing case): approximately $20
- Certified copies of Letters: approximately $10 per certified copy
- Publication costs: approximately $150-$300 depending on the newspaper
- Copy fees: $1.00 per page
North Dakota does not set statutory attorney or executor fees; they must be reasonable.
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): 6-12 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
Logan County Court Resources
- Court Website: ndcourts.gov
- Probate Self-Help: North Dakota Legal Self-Help Center - Informal Probate
- North Dakota Probate Forms: ND Courts Official Forms
Legal Aid and Attorney Referrals
- State Bar Association of North Dakota: (701) 255-1404 — Find a Lawyer
- Legal Services of North Dakota: (800) 634-5263 — Low-income legal assistance
- State Bar Lawyer Referral: sband.org
Publication
- The Napoleon Homestead: (701) 754-2212 — Official county newspaper