Overview
Stark County is located in North Dakota with a population of approximately 33,767. The Southwest Judicial 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 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 Stark 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
Stark County Courthouse
Probate matters in Stark County are handled at the Stark County Courthouse.
Address: 51 3rd St E, Dickinson, ND 58601
Phone: (701) 227-3184 (Clerk of Court)
Hours: Monday through Thursday, 8:00 AM to 5:00 PM; Friday, 8:00 AM to 12:00 PM (Mountain Time)
The Clerk of Court's office is located within the courthouse. The Southwest Judicial District serves Stark County.
Parking and Access
Free parking is available in front of the courthouse and in a parking lot on the east side of the building.
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: 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 Southwest Judicial District Court. Include:
- Petition for Probate of Will and 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 courts require electronic filing (e-filing) for attorneys. Self-represented litigants may file paper documents.
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 Stark County (e.g., The Dickinson Press) once a week for three successive weeks.
Step 4: Attend the Hearing
For formal probate, the court will schedule a hearing on the petition. At the hearing, the judge reviews the petition and, if approved, issues Letters Testamentary or Letters of Administration. Informal probate typically does not require a hearing before a judge if the paperwork is in order.
Step 5: Administer the Estate
After receiving Letters, the personal representative must:
- Notify creditors (creditors have 3 months from the first publication of notice 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 close the estate
Local Requirements
Stark County-Specific Procedures
- E-filing: Attorneys are mandated to e-file. Pro se litigants may file in paper.
- Local Rules: The Southwest Judicial District may have specific case management orders; check with the clerk.
- Publication: Notice to creditors must be published in a newspaper of general circulation in Stark County, such as The Dickinson Press, for three consecutive weeks.
Always check with the Stark County Clerk of Court for the most current local forms and procedural requirements.
Timeline & Fees
Filing Fees (Stark County)
- Probate Filing Fee: approximately $80.00
- Certified copies of Letters: $5.00 for the first page, $2.00 for each additional page
- Copy Fees: $1.00 per page
- Publication costs: approximately $100-$300 depending on the length of the notice
- Electronic Filing Fee: May apply depending on the system used
Payment Methods
The court accepts cash, checks, and credit cards (with a processing fee).
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
Stark County Court Resources
- Court Website: Stark County District Court
- 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 — Lawyer Referral
- Legal Services of North Dakota: (800) 634-5263 — Legal Aid
Publication
- The Dickinson Press: (701) 456-1111 — Website