Overview
Pierce County is located in North Dakota with a population of approximately 3,853. The 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 (Title 30.1 of the North Dakota Century Code). 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 to collect assets without full probate court administration.
Note on Fees: Effective July 1, 2025, the filing fee for a probate case in North Dakota District Court is $160.
This guide provides an informational overview of the Pierce 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
Pierce County District Court
Probate matters in Pierce County are handled at the Pierce County Courthouse.
Address: 240 2nd St SE, Suite 8, Rugby, ND 58368
Phone: (701) 776-6161 (Clerk of Court)
Hours: Monday through Friday, 8:30 AM to 5:00 PM
The District Court is part of the Northeast Judicial District. The Clerk of Court's office is located on the main floor of the courthouse.
Parking and Access
Public parking is available around the courthouse square. The building is accessible to the public during business hours, with security screening required for entry into courtrooms.
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 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 a Petition for Probate with the Pierce County District Court. Include:
- Petition for Probate of Will and Appointment of Personal Representative
- Original Will and Codicils (if any)
- Certified Death Certificate
- Filing fee of $160
- Statement of Informal Probate (if proceeding informally)
North Dakota allows for Informal Probate (handled by the clerk/registrar without a hearing) for uncontested estates, which is faster and less expensive than Formal Probate.
Step 3: Provide Notice
After filing, you must:
- Mail notice of the application/appointment to all heirs, devisees, and interested parties within 30 days of appointment.
- Publish notice to creditors in a newspaper of general circulation in Pierce County (e.g., The Pierce County Tribune) once a week for three successive weeks.
Step 4: Attend the Hearing
For Informal Probate, a hearing is generally not required. The Clerk/Registrar reviews the documents and issues Letters.
For Formal Probate, the court will schedule a hearing. 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:
- Allow the creditor claim period to expire (3 months after first publication).
- 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 (informal) or a Petition for Adjudication of Intestacy and Heirs (formal).
Local Requirements
Pierce County-Specific Procedures
- E-filing: North Dakota courts utilize the Odyssey File & Serve system. Attorneys are required to e-file; self-represented litigants may file in paper or use the e-filing system.
- Publication: Notice to creditors must be published in The Pierce County Tribune, the official newspaper for the county.
- Local Forms: The North Dakota Legal Self Help Center provides standard forms accepted by all district courts, including Pierce County.
Always check with the Clerk of Court for any specific local administrative orders or judge-specific requirements.
Timeline & Fees
Filing Fees (Pierce County)
- Probate Petition: $160.00
- Small Claims Filing: $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 length of the notice
- Recording Fees: $20.00 for the first page + $3.00 per additional page (for recording deeds/documents with the County Recorder)
Payment Methods
The court accepts cash, checks, money orders, and credit/debit cards (credit cards may incur a convenience fee).
Estimated Timelines
- Informal Probate (Uncontested): 4-6 months (minimum 3 months for creditor claims)
- Average estates: 6-9 months
- Complex or contested estates: 12 months to 2 years
The timeline is largely driven by the mandatory 3-month creditor claim period following the first publication of notice.
Local Resources
Pierce County Court Resources
- Court Website: ndcourts.gov
- Probate Self-Help: ND Legal Self Help Center
- North Dakota Probate Forms: Informal Probate 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 — Provides assistance to low-income and elderly residents.
- North Dakota Find a Lawyer: sband.org/page/FindaLawyer
Publication
- The Pierce County Tribune: (701) 776-5252 — Official newspaper for legal notices in Rugby and Pierce County.