Overview
Walsh County is located in North Dakota with a population of approximately 10,214. The District Court, Northeast Judicial District 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 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 using an Affidavit for Collection of Personal Property of the Decedent. This is available if the value of the estate (less liens and encumbrances) is $100,000 or less and the estate contains no real property.
North Dakota does not have a statutory fee schedule for attorneys or personal representatives; fees must simply be "reasonable" based on the services provided.
This guide provides an informational overview of the Walsh 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
Walsh County Courthouse
Probate matters in Walsh County are handled at the Walsh County Courthouse.
Address: 600 Cooper Avenue, Grafton, ND 58237
Phone: (701) 352-0350 (Clerk of District Court)
Hours: Monday through Friday, 8:00 AM to 4:30 PM (Phones answered until 5:00 PM)
The Clerk of Court's office is located within the main courthouse building. The District Court is part of the Northeast Judicial District.
Parking and Access
Street parking is generally available around the courthouse square in Grafton. The building is accessible to the public during business hours with security screening at the entrance.
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) and includes no real estate, you may be able to collect assets by affidavit 30 days after death.
- Joint Tenancy/Survivorship: Assets held in joint tenancy with right of survivorship pass automatically to the survivor.
- Trust administration: Assets held in a living trust generally do not require probate.
Step 2: File the Application
If probate is needed, file an Application for Informal Probate (or Petition for Formal Probate) with the District Court. Include:
- Application for Informal Probate of Will and Appointment of a Personal Representative
- Original will and codicils (if any)
- Certified death certificate
- Filing fee ($80.00)
- Statement of Informal Probate
- Letters Testamentary or Letters of Administration (proposed)
North Dakota allows for e-filing, which is mandatory for attorneys and optional for self-represented litigants.
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 Walsh County (e.g., The Walsh County Record) once a week for three successive weeks.
Step 4: Administration
The court (or Clerk of Court in informal proceedings) reviews the application. If approved, the Clerk issues Letters. There is typically no hearing for informal probate unless an objection is filed.
Step 5: Administer the Estate
After receiving Letters, the personal representative must:
- Prepare an Inventory and Appraisement of estate assets within 3 months of appointment.
- Allow the creditor claim period to expire (3 months after first publication).
- 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.
Local Requirements
Walsh County-Specific Procedures
- E-filing: Attorneys are required to e-file documents via the Odyssey File & Serve system. Self-represented litigants may file in paper or electronically.
- Local Court Rules: The Northeast Judicial District may have specific scheduling preferences; always check with the Clerk regarding hearing availability if a formal proceeding is required.
- Publication: Notice to creditors must be published in The Walsh County Record, the official newspaper for the county.
The North Dakota Legal Self Help Center provides excellent forms and guidebooks for "Informal Administration of an Estate" which are accepted in Walsh County.
Timeline & Fees
Filing Fees (Walsh County)
- Probate Filing Fee: approximately $80.00
- Certified copies of Letters: approximately $10.00 for the first copy, varies for additional
- Publication costs: approximately $100-$200 depending on the length of the notice
- Recording fees: Varies by document length (for real estate transfers)
North Dakota law provides for "reasonable compensation" for personal representatives and attorneys, rather than a fixed percentage.
Payment Methods
The court accepts cash, checks, money orders, and credit cards (with a service fee).
Estimated Timelines
- Simple estates (Informal Probate): 6-9 months (minimum 3 months for creditor claims)
- Average estates: 9-12 months
- Complex or contested estates: 12 months to 2 years or more
The 3-month creditor claim period (after first publication) is a mandatory waiting period before the estate can be fully closed and discharged.
Local Resources
Walsh County Court Resources
- Court Website: https://www.ndcourts.gov/court-locations/walsh-county
- North Dakota Probate Forms: https://www.ndcourts.gov/legal-self-help/informal-probate
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
- ND Legal Self Help Center: https://www.ndcourts.gov/legal-self-help
Publication
- The Walsh County Record: (701) 352-0640 — Official newspaper for legal notices