Overview
McHenry County is located in North Dakota with a population of approximately 5,135. The McHenry 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 North Dakota Century Code (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 (effective August 2025), successors may be able to use an Affidavit for Collection of Personal Property after a 30-day waiting period, avoiding formal probate.
Personal representatives are entitled to reasonable compensation for their services. North Dakota does not have a statutory fee schedule for attorneys or executors; fees must be reasonable based on the time and complexity of the work.
This guide provides an informational overview of the McHenry 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
McHenry County District Court
Probate matters in McHenry County are handled at the McHenry County Courthouse.
Address: 407 S Main St, Towner, ND 58788
Phone: (701) 537-5729 (Clerk of Court)
Hours: Monday through Friday, 8:00 AM to 4:30 PM (Closed 12:00 PM - 1:00 PM)
The Courtroom is located on the 3rd floor of the courthouse in Towner. The Clerk of Court's office accepts filings and can provide procedural information but cannot give legal advice.
Parking and Access
Street parking is generally available around the courthouse square in Towner. The building is accessible to the public during court 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 collect assets via affidavit 30 days after death.
- Non-Probate Transfers: Assets with designated beneficiaries (POD/TOD accounts, life insurance) or held in joint tenancy bypass probate.
- Trust administration: Assets held in a living trust generally do not require probate.
Step 2: File the Petition
If formal or informal probate is needed, file the appropriate Application or Petition with the McHenry County District Court. Include:
- Application for Informal Probate and/or Appointment of Personal Representative
- Original will and codicils (if any)
- Certified death certificate
- Filing fee (typically $80)
- Statement of Informal Probate (if using informal process)
Attorneys are required to e-file documents via the North Dakota Odyssey File & Serve system. Self-represented litigants may file in paper.
Step 3: Provide Notice
After appointment, you must:
- Mail notice of the probate to all heirs, devisees, and known creditors within 30 days of appointment.
- Publish notice to unknown creditors in the Mouse River Journal (or other official county newspaper) once a week for three successive weeks.
Step 4: Administer the Estate
After receiving Letters, the personal representative must:
- Prepare an Inventory and Appraisement of estate assets within 3 months of appointment (mail to interested parties; filing with court is optional).
- Pay valid creditor claims (creditors have 3 months after first publication to file claims).
- File federal and state tax returns as needed.
- Distribute assets to beneficiaries.
Step 5: Close the Estate
Once administration is complete, the Personal Representative can close the estate by filing a Sworn Statement of Personal Representative Closing Estate or by petitioning for a formal closing order.
Local Requirements
McHenry County-Specific Procedures
- E-filing: Mandatory for attorneys; optional for self-represented litigants.
- Publication: Notice to creditors must be published in the official county newspaper, the Mouse River Journal.
- Local Rules: The Northeast Judicial District may have specific case management rules. Always check with the clerk for local preferences regarding scheduling.
The North Dakota Legal Self Help Center provides excellent forms and guides for "Informal Administration of an Estate" which are accepted in McHenry County.
Timeline & Fees
Filing Fees (McHenry County)
- Probate Filing Fee: approximately $80
- Certified copies of Letters: approximately $10 per copy
- Publication costs: approximately $150-$300 depending on the length of the notice
- Recording fees: vary by document length (for real estate transfers)
Payment Methods
The court accepts cash, checks, and money orders. Credit cards may be accepted for some fees but often carry a convenience surcharge.
Estimated Timelines
- Small Estate Affidavit: Minimum 30 days after death
- Informal Probate (Uncontested): 6-12 months minimum (due to 3-month creditor period)
- Complex or contested estates: 12 months to 2+ years
The creditor claim period is 3 months from the date of the first publication of notice.
Local Resources
McHenry County Court Resources
- Court Website: ndcourts.gov/court-locations/mchenry-county
- Probate Self-Help: ndcourts.gov/legal-self-help/informal-probate
- North Dakota Probate Forms: ndcourts.gov/legal-self-help/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 — Low-income legal assistance
- North Dakota Courts Public Access: publicsearch.ndcourts.gov
Publication
- Mouse River Journal: (701) 537-5441 — Official newspaper for legal notices in McHenry County