Where do I file for probate in McIntosh County?

File with the Clerk of District Court at the McIntosh County Courthouse, 112 1st St NE, Ashley, ND 58413.

How much does probate cost in McIntosh County?

The filing fee is $80.00. Additional costs include publication (approx. $100-$300) and certified copies ($10 each). Attorney fees are separate.

Can I avoid probate in McIntosh County with a small estate?

Yes, if the estate value (less liens) is $100,000 or less, you can use an Affidavit for Collection of Personal Property after a 30-day waiting period.

How long does probate take in McIntosh County?

Informal probate typically takes 6-9 months. The creditor claim period requires the estate to remain open for at least 3 months after notice is published.

Do I need an attorney for probate in McIntosh County?

North Dakota does not require an attorney for informal probate, and the court provides self-help forms. However, consulting an attorney is recommended for complex estates or if you are unsure of your duties.

What is the publication requirement for probate notices?

Notice to creditors must be published once a week for three successive weeks in a newspaper of general circulation in the county, such as The Ashley Tribune.

McIntosh County Probate Guide: Courts, Fees & Process (2026)

Overview

McIntosh County is located in North Dakota with a population of approximately 2,461. The McIntosh 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 an Affidavit for Collection of Personal Property after a 30-day waiting period, avoiding formal probate court proceedings.

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 McIntosh 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

McIntosh County District Court

Probate matters in McIntosh County are handled at the McIntosh County Courthouse.

Address: 112 1st St NE, Ashley, ND 58413 (Mailing: PO Box 179)

Phone: (701) 288-5147 (Clerk of Court)

Hours: Monday through Friday, 8:00 AM to 4:30 PM

The District Court is part of the Southeast Judicial District. The Clerk of Court's office accepts filings and can provide information on procedural requirements, though they cannot give legal advice.

Parking and Access

Street parking is generally available around the courthouse in Ashley. The building is accessible to the public during standard 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 assets 30 days after death.
Joint Tenancy/Beneficiary Designations: Assets held in joint tenancy or with direct beneficiary designations (POD/TOD) generally bypass probate.
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 McIntosh 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 informal appointment) to all heirs, beneficiaries, and interested parties within 30 days of appointment.
Publish notice to creditors in a newspaper of general circulation in McIntosh County (such as The Ashley Tribune) once a week for three successive weeks.

Step 4: Attend the Hearing

For formal probate, the court will schedule a hearing. For informal probate (common in ND), the Clerk of Court can review the application and issue Letters Testamentary or Letters of Administration without a hearing if all paperwork is in order.

Step 5: Administer the Estate

After receiving Letters, the personal representative must:

Notify creditors and allow 3 months from the first publication for 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.
Close the estate by filing a Final Account and/or a sworn statement closing the estate.

Local Requirements

McIntosh County-Specific Procedures

E-filing: Attorneys are required to e-file documents. Self-represented litigants may file in paper or use the electronic system.
Informal Probate: North Dakota heavily utilizes the Uniform Probate Code's informal probate process, which is handled administratively by the clerk without a judge's direct involvement unless an objection is filed.
Publication: Notice to creditors must be published in the official county newspaper, typically The Ashley Tribune or The Wishek Star.
Bond: Bond may be required unless waived by the will or by all interested persons.

Always check with the Clerk of Court for any specific local forms or checklist requirements.

Timeline & Fees

Filing Fees (McIntosh County)

Petition for Probate: $80.00
Small Estate Affidavit: No court filing fee (presented directly to asset holders), though recording with the county recorder may incur a fee.
Certified copies of Letters: $10.00 certification fee + copy costs (approx. $1.00/page)
Publication costs: approximately $100-$300 depending on the newspaper and length of notice.

Payment Methods

The court accepts cash, checks, and money orders. Credit cards may be accepted for e-filing or with an additional convenience fee.

Estimated Timelines

Simple estates (Informal): 6-9 months (minimum 3 months for creditor period).
Average estates: 9-12 months.
Complex or contested estates: 12 months to 2 years or more.

The creditor claim period in North Dakota is 3 months following the first publication of notice. The estate generally cannot be closed until this period expires.

Local Resources

McIntosh County Court Resources

Court Website: https://www.ndcourts.gov/court-locations/mcintosh-county
Probate Self-Help: https://www.ndcourts.gov/legal-self-help/informal-probate
North Dakota Probate Forms: https://www.ndcourts.gov/legal-self-help/informal-probate

Legal Aid and Attorney Referrals

State Bar Association of North Dakota: (866) 450-9579 — https://www.sband.org
Legal Services of North Dakota: (800) 634-5263 — Provides legal assistance to low-income and elderly residents.

Publication

The Ashley Tribune: (701) 288-3531 — Official newspaper for legal notices in Ashley.
The Wishek Star: (701) 452-2331 — Serving the Wishek area.

Probate in McIntosh County, North Dakota: 2026 Guide