ProbateUS
Probate Court

Pembina County

North Dakota

701-265-4373

Court Location & Contact

Address

301 Dakota St. W #10, Cavalier, ND 58220

Fax

701-265-4876

Visit Official Court Website

Filing Fees

Pembina County, North Dakota

Fee TypeAmount
New Case Filing$160.00
Answer Filing Fee$100.00
Motion to Amend Filing Fee - Domestic$160.00
Answer to Motion to Amend Filing Fee$100.00
Small Claims Filing Fee$20.00
Marriage License Fee$65.00
Civil Record Search$20.00
Criminal Record Search$20.00
Certified Copy (first issued)$20.00
Photocopy fee$0.10

Probate Guide

Probate in Pembina County, North Dakota

The Pembina County Probate Court handles all matters related to the estates of deceased persons, including the validation of wills, appointment of executors and administrators, and the supervised distribution of assets. If you need to file for probate in Pembina County, ND, this guide covers what you need to know.

What Is Probate?

Probate is the legal process of settling a deceased person's estate. It involves validating the will (if one exists), identifying and inventorying assets, paying debts and taxes, and distributing remaining property to heirs and beneficiaries. In North Dakota, the probate court in each county oversees this process.

When Is Probate Required in North Dakota?

Probate is generally required when:

  • The deceased owned real estate solely in their name

  • The estate contains assets above North Dakota's small estate threshold

  • There are disputes among heirs or creditors

  • Assets are not held in a trust or joint tenancy

Steps to File for Probate in Pembina County

  1. Locate the will (if one exists) and gather the death certificate

  2. File a petition with the Pembina County Probate Court to open probate

  3. Notify heirs and creditors as required by North Dakota law

  4. Inventory the estate — identify all assets, debts, and liabilities

  5. Pay debts and taxes — settle outstanding obligations from estate funds

  6. Distribute remaining assets — according to the will or state intestacy laws

  7. Close the estate — file a final accounting with the court

How Long Does Probate Take?

In North Dakota, probate typically takes 6 to 18 months depending on the complexity of the estate. Simple estates with no disputes may be resolved faster, while contested wills or complex asset distributions can take longer.

Do You Need a Probate Attorney?

While North Dakota does not always require an attorney for probate, it is strongly recommended, especially for estates with significant assets, real estate, business interests, or potential disputes. A local probate attorney familiar with Pembina County Probate Court procedures can help navigate the process efficiently.

Resources

For more information about the probate process, visit the Pembina County Probate Court directly or consult with a local probate attorney. You can also explore tools like EverSettled for step-by-step estate settlement guidance.

Additional Notes

In North Dakota, the District Court handles probate matters. The County Clerk/Recorder's office is a combination of the Clerk of District Court's office and the Register of Deeds' office, maintaining district court files and county land records.

Office Hours

Monday-Friday8:00 AM - 4:30 PM

FAQ

Where do I file for probate in Pembina County, ND?

Probate petitions for estates in Pembina County are filed at the Pembina County Probate Court. Contact the court directly for filing instructions and office hours.

How much does probate cost in Pembina County?

Probate filing fees in Pembina County, North Dakota vary based on the estate value and type of petition. Contact the probate court clerk for the current fee schedule.

How long does probate take in North Dakota?

Probate in North Dakota typically takes 6 to 18 months. Timeline depends on estate complexity, creditor claims, and whether the will is contested.

Can I avoid probate?

Assets held in trusts, joint tenancy, or with designated beneficiaries (like life insurance and retirement accounts) can pass outside of probate. Consult with an estate planning attorney for strategies specific to your situation.

Do I need a lawyer for probate in Pembina County?

While not always legally required in North Dakota, a probate attorney is recommended for most estates, especially those involving real estate, business interests, or potential disputes among heirs.

What happens if someone dies without a will?

When someone dies intestate (without a will) in North Dakota, their assets are distributed according to state intestacy laws. The Pembina County Probate Court will appoint an administrator to manage the estate.

Probate Attorneys

ACTEC Fellows in North Dakota

Bradley (Brad) Myers

University of North Dakota

Grand Forks

Fred (John) Williams

Fredrikson & Byron, P.A.

Fargo

Jessica Foss

Fredrikson & Byron, P.A.

Fargo

General Trust & EstateAsset Protection+1

Susan (Sue) Johnson-Drenth

JD Legal Planning P.L.L.C.

Fargo

Asset ProtectionBusiness Planning+9

Timothy (Tim) Richard

Serkland Law Firm

Fargo

Business PlanningGeneral Trust & Estate+1
View all North Dakota attorneys →