Overview
Stutsman County is located in North Dakota with a population of approximately 21,546. The Stutsman 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 to collect assets without full probate court administration. This threshold was increased from $50,000 to $100,000 effective 2025.
North Dakota does not have a statutory fee schedule for attorneys or personal representatives based on a percentage of the estate. Fees must be reasonable based on the services provided.
This guide provides an informational overview of the Stutsman 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
Stutsman County District Court
Probate matters in Stutsman County are handled at the Stutsman County Courthouse.
Address: 511 2nd Ave SE, Jamestown, ND 58401
Phone: (701) 253-6243 (Clerk of District Court - option 1)
Hours: Monday through Friday, 8:00 AM to 5:00 PM
The District Court is located on the second floor of the courthouse. The Clerk of Court's office accepts filings and can answer procedural questions but cannot provide legal advice.
Parking and Access
Public parking is available around the courthouse square and on adjacent streets. The building is accessible to persons with disabilities, with an elevator available for access to the upper floors. Security screening may be required upon entry.
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 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 (Form 1 or similar) with the Stutsman 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 ($80.00)
- Statement of Informal Probate (if proceeding informally)
North Dakota allows for e-filing through the Odyssey File & Serve system, which is mandatory for attorneys and optional for self-represented litigants.
Step 3: Provide Notice
After filing, you must:
- Mail notice of the hearing (or notice of appointment in informal proceedings) to all heirs, beneficiaries, and interested parties within 10 days of appointment.
- Publish notice to creditors in a newspaper of general circulation in Stutsman County (typically The Jamestown Sun) 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 often does not require a hearing if the paperwork is in order.
Step 5: Administer the Estate
After receiving Letters, the personal representative must:
- Notify creditors and allow 3 months from the first publication for claims.
- 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.
- File a Final Account and petition for discharge to close the estate.
Local Requirements
Stutsman County-Specific Procedures
- E-filing: Attorneys are required to e-file documents. Self-represented litigants may file in paper or use the Odyssey File & Serve system.
- Bond requirements: Bond may be required unless waived by the will or by the court.
- Local court rules: Stutsman County is part of the Southeast Judicial District. Check district rules for specific scheduling or formatting requirements.
- Publication: Notice to creditors must be published in The Jamestown Sun or another official county newspaper for three consecutive weeks.
Consult the North Dakota Legal Self Help Center for state-approved forms and instructions specific to informal probate proceedings.
Timeline & Fees
Filing Fees (Stutsman County)
- Probate Filing Fee: approximately $80.00
- Certified copies of Letters: approximately $10.00 per certified copy
- Publication costs: approximately $100-$300 depending on the length of the notice
- Recording fees: Varies for recording deeds or other documents with the County Recorder
North Dakota law requires attorney and personal representative fees to be "reasonable" rather than a fixed percentage.
Payment Methods
The court accepts cash, checks, money orders, and credit/debit cards (with a processing fee). Checks should be made payable to "Clerk of District Court."
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 is 3 months from the date of the first publication of notice, which sets a minimum timeline for closing the estate.
Local Resources
Stutsman County Court Resources
- Court Website: Stutsman County District Court
- 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: (866) 450-9579 — SBAND Lawyer Referral
- Legal Services of North Dakota: (800) 634-5263 — Legal Aid
Publication
- The Jamestown Sun: (701) 252-3120 — Official Newspaper