Overview
McKenzie County is located in North Dakota with a population of approximately 15,000. The McKenzie 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 (Uniform Probate Code). The process begins with filing an Application for Informal Probate of Will and Appointment of a 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 procedure 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 to collect assets without full probate 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 McKenzie 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
McKenzie County District Court
Probate matters in McKenzie County are handled at the McKenzie County Courthouse.
Address: 201 5th St NW, Watford City, ND 58854
Phone: (701) 842-8230 (Clerk of Court)
Hours: Monday through Friday, 8:00 AM to 4:30 PM
The Clerk of District Court is responsible for maintaining all court records, including probate files. The court is part of the Northwest Judicial District.
Parking and Access
Public parking is available around the courthouse building. Visitors must pass through security screening upon entering the courthouse.
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 for Collection of Personal Property after a 30-day waiting period.
- Joint Tenancy/Survivorship: Assets held in joint tenancy with rights 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 an Application for Informal Probate with the McKenzie County District Court. Include:
- Application for Informal Probate of Will and Appointment of a Personal Representative
- Original will and codicils (if any)
- Certified death certificate
- Filing fee ($80 - $160, verify current fee with clerk)
- Statement of Informal Probate
- Letters Testamentary or Letters of Administration (proposed)
North Dakota courts utilize the Odyssey e-filing system, which is mandatory for attorneys and optional for self-represented litigants.
Step 3: Provide Notice
After filing, you must:
- Mail notice of the appointment to all heirs, devisees, and interested parties within 30 days of appointment.
- Publish notice to creditors in a newspaper of general circulation in McKenzie County (e.g., McKenzie County Farmer) once a week for three successive weeks.
Step 4: Administration
The court typically does not hold a hearing for informal probate unless there is an objection. Once appointed, the personal representative receives Letters.
Step 5: Administer the Estate
After receiving Letters, the personal representative must:
- Notify creditors (creditors have 3 months after first 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
- Close the estate by filing a Sworn Statement of Personal Representative Closing Estate
Local Requirements
McKenzie County-Specific Procedures
- E-filing: Attorneys are required to e-file documents via the North Dakota File & Serve system. Self-represented litigants may file in paper or electronically.
- Local Rules: The Northwest Judicial District may have specific administrative orders; check with the clerk for any unique local forms or requirements.
- Publication: Notice to creditors must be published in the official county newspaper, the McKenzie County Farmer.
Always check with the Clerk of Court for the most current local procedures and fee schedules.
Timeline & Fees
Filing Fees (McKenzie County)
- Probate Filing Fee: approximately $80 - $160 (fees subject to change, verify with clerk)
- Certified copies of Letters: approximately $10-$20 per document
- Publication costs: approximately $100-$300 depending on the length of the notice
- Recording fees: Varies for real estate documents
Payment Methods
The court accepts cash, checks, money orders, and credit/debit cards (service fees may apply).
Estimated Timelines
- Simple estates (informal, no disputes): 6-9 months
- Average estates: 9-12 months
- Complex or contested estates: 12 months to 2+ years
The creditor claim period in North Dakota is 3 months from the date of the first publication of notice.
Local Resources
McKenzie County Court Resources
- Court Website: ndcourts.gov
- 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 — lsnd.org
Publication
- McKenzie County Farmer: (701) 842-2351 — watfordcitynd.com