Overview
Pembina County is located in North Dakota with a population of approximately 6,588. The Pembina 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, is $100,000 or less, successors may use an Affidavit for Collection of Personal Property after a 30-day waiting period, avoiding full court administration.
North Dakota does not have a statutory fee schedule for attorneys or personal representatives; fees must be reasonable based on the services performed and the complexity of the estate.
This guide provides an informational overview of the Pembina 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
Pembina County District Court
Probate matters in Pembina County are handled at the Pembina County Courthouse.
Address: 301 Dakota St. W #10, Cavalier, ND 58220
Phone: (701) 265-4373 (Clerk of District Court)
Hours: Monday through Friday, 8:00 AM to 4:30 PM
The courthouse is a historic Beaux-Arts style building located in Cavalier, serving as the seat of the Northeast Judicial District for the county.
Parking and Access
Free parking is available in the lot adjacent to the courthouse and on surrounding streets. Security screening may be required upon entry.
Filing Process
Step 1: Determine If Probate Is Necessary
Before filing, assess whether formal probate is required:
- Affidavit for Collection of Personal Property: If the estate is valued at $100,000 or less (less liens/encumbrances), you may collect assets by affidavit 30 days after death.
- Summary Administration: Available if the estate value does not exceed the homestead allowance, exempt property, family allowance, costs of administration, funeral expenses, and medical expenses.
- 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 an Application for Informal Probate with the Pembina County District Court. Include:
- Original Last Will and Testament (if applicable)
- Statement of Informal Probate
- Certified Death Certificate
- $80 Filing Fee
- Proposed Letters Testamentary or Letters of Administration
E-filing is mandatory for attorneys in North Dakota via the Odyssey File & Serve system; self-represented litigants may file in paper.
Step 3: Provide Notice
After filing, you must:
- Mail notice of the hearing (for formal probate) or notice of appointment (for informal probate) to all heirs, beneficiaries, and interested parties.
- Publish notice to creditors in a newspaper of general circulation in Pembina County (such as The Cavalier Chronicle) for three consecutive weeks.
Step 4: Attend the Hearing
For informal probate, a hearing is typically not required unless there is an objection. For formal probate, the court will schedule a hearing, 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; creditors have 3 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 or closing statement.
Local Requirements
Pembina County-Specific Procedures
- E-Filing: Mandatory for attorneys via the Odyssey File & Serve system.
- Form Requirements: Use state-approved forms available on the North Dakota Supreme Court website.
- Identification: Personal representatives may need to provide identification when filing in person.
- Publication: Notice must be published in a newspaper of general circulation in Pembina County for three consecutive weeks.
Check with the Clerk of District Court for any specific local rules regarding bond requirements or scheduling.
Timeline & Fees
Filing Fees (Pembina County)
- Probate Filing Fee: approximately $80
- Motion Fee: approximately $20
- Certified copies of Letters: approximately $10 per certified copy
- Publication costs: approximately $150-$300 depending on the newspaper
- Recording fees: $20 for first page, $3 for additional pages (for real estate documents)
North Dakota does not set statutory rates for attorney or executor fees; fees must be reasonable.
Payment Methods
The court accepts cash, check, or money order. Credit cards may be accepted with a service fee.
Estimated Timelines
- Simple estates (no disputes, limited assets): 6-12 months
- Average estates: 9-18 months
- Complex or contested estates: 18 months to 2+ years
The creditor claim period is 3 months from the first date of publication. The inventory is due within 3 months of appointment.
Local Resources
Pembina County Court Resources
- Court Website: ndcourts.gov
- Probate Self-Help: ND Legal Self Help Center
- North Dakota Probate Forms: ND Probate Forms
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
- State Bar Lawyer Referral: sband.org
Publication
- The Cavalier Chronicle: (701) 265-8844 — Official county newspaper
- Valley News & Views: (701) 360-3005 — Serving Drayton and surrounding areas