Overview
Wells County is located in North Dakota with a population of approximately 3,800. The Wells 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 after a 30-day waiting period, avoiding formal court proceedings.
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 Wells 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
Wells County District Court
Probate matters in Wells County are handled at the Wells County Courthouse.
Address: 700 Railway St N, Fessenden, ND 58438
Phone: (701) 547-3122 (Clerk of District Court)
Hours:
- Winter: Monday through Friday, 8:00 AM to 12:00 PM and 12:30 PM to 4:00 PM
- Summer: Monday through Thursday, 7:30 AM to 12:00 PM and 12:30 PM to 4:00 PM; Friday, 7:30 AM to 1:00 PM
The Clerk of District Court's office is located within the county courthouse in Fessenden. The court is part of the Southeast Judicial District.
Parking and Access
Public parking is available around the courthouse square in Fessenden. The building is accessible to the public during standard business hours.
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 collect assets via affidavit 30 days after death.
- 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 Wells County District Court. Include:
- Petition for 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 mandatory 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 appointment) to all heirs, beneficiaries, and interested parties within 10 days of appointment.
- Publish notice to creditors in a newspaper of general circulation in Wells County (e.g., The Herald-Press) once a week for three successive weeks.
Step 4: Attend the Hearing
For informal probate, a hearing is often not required if the paperwork is in order. For formal probate, the court will schedule a hearing to review the petition. Upon approval, the court issues Letters Testamentary or Letters of Administration.
Step 5: Administer the Estate
After receiving Letters, the personal representative must:
- Notify creditors (claims must be filed within 3 months of 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
- File a final accounting and close the estate
Local Requirements
Wells County-Specific Procedures
- E-filing: Attorneys are required to e-file documents via the North Dakota Odyssey File & Serve system. Self-represented individuals may file in paper.
- Bond requirements: Bond may be required unless waived by the will or by the court.
- Local court rules: The Southeast Judicial District may have specific administrative orders; check with the clerk for any unique local forms.
- Publication: Notice to creditors must be published in the official county newspaper, typically The Herald-Press.
Always check with the Clerk of Court for the most current fee schedule, as fees are subject to change (notably effective July 1, 2025).
Timeline & Fees
Filing Fees (Wells County)
- Probate Filing Fee: approximately $80.00 (subject to 2025 fee schedule updates)
- Certified copies of Letters: approximately $10.00-$20.00 per copy
- Publication costs: approximately $100-$300 depending on the newspaper and length of notice
- Recording fees: Varies by document type (for real estate transfers)
North Dakota law requires attorney and personal representative fees to be "reasonable" rather than a fixed percentage.
Payment Methods
The court accepts cash, checks, and money orders. Credit cards may be accepted for e-filing or with a convenience 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 is 3 months from the date of the first publication of notice.
Local Resources
Wells County Court Resources
- Court Website: ndcourts.gov
- 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 — sband.org
- Legal Services of North Dakota: (800) 634-5263 — lsnd.org
Publication
- The Herald-Press: (701) 324-4646 — Official newspaper for Wells County legal notices