Overview
Steele County is located in North Dakota with a population of approximately 1,767. The Steele 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 (North Dakota Century Code Title 30.1). The process begins with filing an Application for Informal Probate 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 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 30 days after death to collect assets without full probate administration.
North Dakota does not have a statutory percentage fee schedule for attorneys or personal representatives. Fees must be reasonable based on the services provided and the complexity of the estate.
This guide provides an informational overview of the Steele 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
Steele County District Court
Probate matters in Steele County are handled at the Steele County Courthouse.
Address: 201 Washington Ave. W., Finley, ND 58230
Phone: (701) 524-2152 (Clerk of District Court)
Hours: Monday through Friday, 8:00 AM to 4:30 PM (closed for lunch)
The District Court is located within the historic Steele County Courthouse in Finley. It is part of the East Central Judicial District.
Parking and Access
Free street parking is generally available around the courthouse square. The building 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:
- Affidavit for Collection of Personal Property: If the estate is valued at $100,000 or less (less liens/encumbrances), you may collect assets via 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, and funeral/medical expenses.
- Trust administration: Assets held in a living trust generally do not require probate.
Step 2: File the Application
If formal probate is needed, file an Application for Informal Probate and Appointment of Personal Representative with the Steele County District Court. Include:
- Application for Informal Probate
- Original Last Will and Testament (if applicable)
- Certified death certificate
- $80 filing fee
- Statement of Informal Probate and Letters Testamentary/Administration
E-filing is mandatory for attorneys and available for self-represented litigants via the North Dakota Odyssey File & Serve system.
Step 3: Provide Notice
After filing, you must:
- Mail notice of the probate to all heirs, beneficiaries, and interested parties within 30 days of appointment.
- Publish notice to creditors in a newspaper of general circulation in Steele County (such as the Steele County Press) once a week for three successive weeks.
Step 4: Administration and Hearing
For informal probate, a hearing is typically not required unless the application is contested. The Clerk of Court reviews the application and issues Letters Testamentary or Letters of Administration upon approval.
Step 5: Administer the Estate
After receiving Letters, the personal representative must:
- Notify 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 close the estate
Local Requirements
Steele County-Specific Procedures
- E-filing: Mandatory for attorneys; optional for self-represented parties via Odyssey File & Serve.
- Form Formatting: Documents must comply with North Dakota Rules of Court (e.g., specific margins, one-sided).
- Filing Fee: The standard filing fee for probate is $80.
- Publication: Notice to creditors must be published in a newspaper of general circulation in Steele County for three consecutive weeks.
Always check with the Clerk of Court for any recent changes to local rules or administrative orders.
Timeline & Fees
Filing Fees (Steele County)
- Probate Filing Fee: approximately $80
- Motion/Petition in existing case: approximately $20
- Certified copies of Letters: approximately $10 per certified copy (plus copy fees)
- Publication costs: approximately $150-$300 depending on the newspaper
- Copy fees: approximately $1 per page
North Dakota law requires attorney and personal representative fees to be reasonable; there is no statutory percentage schedule.
Payment Methods
The court accepts cash, checks, and money orders. Credit cards may be accepted for e-filing or with a service fee.
Estimated Timelines
- Simple estates (informal, no disputes): 6-9 months
- Average estates: 9-15 months
- Complex or contested estates: 18 months to 2+ years
The creditor claim period (3 months from first publication) sets the minimum timeline for closing an estate.
Local Resources
Steele County Court Resources
- Court Website: ndcourts.gov
- Probate Self-Help: ND Legal Self Help Center
- North Dakota Probate Forms: ND Courts Forms
Legal Aid and Attorney Referrals
- State Bar Association of North Dakota: (701) 255-1404 — Lawyer Referral Service
- Legal Services of North Dakota: 1-800-634-5263 — Low-income legal assistance
- SBAND Lawyer Referral: sband.org
Publication
- Steele County Press: (701) 524-2152 — Official newspaper for legal notices