Overview
Williams County is located in North Dakota with a population of approximately 40,763. The Williams 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 (Title 30.1 of the North Dakota Century Code). 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 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. This threshold was increased from $50,000 by HB 1224.
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 Williams 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
Williams County District Court
Probate matters in Williams County are handled at the Williams County Courthouse.
Address: 205 E Broadway, Williston, ND 58802-2047
Mailing Address: P.O. Box 2047, Williston, ND 58802-2047
Phone: (701) 774-4374 (Clerk of District Court)
Hours: Monday through Friday, 8:00 AM to 5:00 PM
The Clerk of District Court is located on the 1st floor of the courthouse. The court is part of the Northwest Judicial District.
Parking and Access
Public parking is available around the courthouse. Security screening is required for entry into 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 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 Application
If probate is needed, file an Application for Informal Probate and Appointment of Personal Representative with the Williams County District Court. Include:
- Original Last Will and Testament (if any)
- Certified copy of the Death Certificate
- Filing fee (typically $160)
- 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 appointment to all heirs, devisees, and interested parties within 30 days of appointment.
- Publish notice to creditors in a newspaper of general circulation in Williams County (typically the Williston Herald) once a week for three successive weeks.
Step 4: 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 the first publication of notice).
- 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 or a formal petition for discharge.
Local Requirements
Williams County-Specific Procedures
- E-Filing: Attorneys are required to e-file documents via the Odyssey File & Serve system. Self-represented individuals may file in paper or electronically.
- Publication: Notice to creditors must be published in the Williston Herald, the official newspaper for Williams County.
- Local Rules: The Northwest Judicial District may have specific administrative orders; always check with the clerk for current local practices.
The North Dakota Legal Self Help Center provides approved forms for informal probate that are accepted in Williams County.
Timeline & Fees
Filing Fees (Williams County)
- Probate Filing Fee: approximately $160
- Certified copies of Letters: approximately $10-$20 per copy
- Publication costs: approximately $45-$100 depending on the length of the notice
- Small Estate Affidavit: No court filing fee (document is presented to asset holders, not filed with court unless necessary)
Payment Methods
The court accepts cash, checks, money orders, and credit/debit cards (with a processing fee).
Estimated Timelines
- Simple estates (Informal Probate): 6-12 months
- Creditor Claim Period: 3 months from first publication
- Complex or contested estates: 12 months to several years
The estate cannot be closed until the creditor claim period has expired.
Local Resources
Williams County Court Resources
- Court Website: Williams County District Court
- Probate Self-Help: ND Legal Self Help Center
- North Dakota Probate Forms: Informal Probate 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
- Williston Herald: (701) 572-2165 — Public Notices