Overview
Mercer County is located in North Dakota with a population of approximately 8,350. The Mercer 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 (SFN 2916) to collect assets without formal court administration, provided at least 30 days have elapsed since the death.
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 Mercer 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
Mercer County District Court
Probate matters in Mercer County are handled at the Mercer County Courthouse.
Address: 410 Van Slyck Ave, Stanton, ND 58571 (Mailing: P.O. Box 39)
Phone: (701) 745-3262 (Clerk of District Court)
Hours: Monday through Friday, 8:00 AM to 4:00 PM
The District Court is part of the South Central Judicial District. The Clerk of Court's office is located in the county courthouse in Stanton.
Parking and Access
Public parking is available near the courthouse building in Stanton. The facility 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 for Collection of Personal Property (SFN 2916) after a 30-day waiting period.
- 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 Mercer County District Court. Include:
- Application for Informal Probate and Appointment of Personal Representative
- Original will and codicils (if any)
- Certified death certificate
- Filing fee ($160.00)
- Statement of Informal Probate
North Dakota courts utilize the Odyssey e-filing system, which is mandatory for attorneys. Self-represented litigants may file in paper or electronically.
Step 3: Provide Notice
After filing, you must:
- Mail notice of the hearing (if formal) or notice of appointment (if informal) to all heirs, beneficiaries, and interested parties within 30 days of appointment.
- Publish notice to creditors in a newspaper of general circulation in Mercer County (such as the Beulah Beacon or Hazen Star) once a week for three successive weeks.
Step 4: Attend the Hearing
For informal probate, a hearing is typically not required; the Clerk of Court or Judge reviews the application. For formal probate, the court will schedule a hearing on the petition. If approved, the court issues Letters Testamentary or Letters of Administration.
Step 5: Administer the Estate
After receiving Letters, the personal representative must:
- Notify creditors (claims must be presented within 3 months after the first publication of notice)
- 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 or a closing statement
Local Requirements
Mercer County-Specific Procedures
- E-filing: Attorneys are required to e-file documents. Self-represented individuals may file paper documents at the Clerk's office.
- Local Rules: The South Central Judicial District may have specific administrative orders; check with the Clerk for any local variations.
- Publication: Notice to creditors must be published in a legal newspaper in Mercer County, such as the Beulah Beacon or Hazen Star, for three consecutive weeks.
Always check with the Clerk of District Court for the most current local forms and requirements.
Timeline & Fees
Filing Fees (Mercer County)
- Probate Filing Fee: $160.00
- Small Claims Filing Fee: $20.00
- Certified copies of Letters: $20.00 for the first copy, $10.00 for each additional copy
- Publication costs: approximately $100-$200 depending on the newspaper and length of notice
Note: Fees are subject to change. The current fee schedule is effective as of July 1, 2025.
Payment Methods
The court accepts cash, checks, money orders, and credit/debit cards (credit cards may incur a convenience fee).
Estimated Timelines
- Simple estates (informal): 6-9 months
- Average estates: 9-12 months
- Complex or contested estates: 12 months to 2+ years
Creditors have 3 months from the date of the first publication of notice to file claims. The estate generally cannot be closed until this period has expired and all claims are resolved.
Local Resources
Mercer County Court Resources
- Court Website: https://www.ndcourts.gov/court-locations/mercer-county
- 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 assistance to low-income and elderly residents.
- North Dakota Legal Self Help Center: https://www.ndcourts.gov/legal-self-help
Publication
- Beulah Beacon: (701) 873-4381 — Official newspaper for Beulah area
- Hazen Star: (701) 748-2255 — Official newspaper for Hazen area