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

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 Forms Library

57 fillable forms — scroll to browse

1041Accumulation Distribution for Certain Complex TrustsfederalDownload
1041-TAllocation of Estimated Tax Payments to BeneficiariesfederalDownload
1041Alternative Minimum Tax — Estates and TrustsfederalDownload
Application For Burial BenefitsfederalDownload
SSA-4Application for Child's Insurance BenefitsfederalDownload
SF 2800Application for Death Benefits (CSRS)federalDownload
SF 3104Application for Death Benefits (FERS)federalDownload
Application For DIC, Survivors Pension And/Or Accrued BenefitsfederalDownload
SS-4Application for Employer Identification NumberfederalDownload
706Application for Extension of Time To File a Return and/or Pay U.S. Estate TaxesfederalDownload
SSA-10Application for Widow's or Widower's Insurance BenefitsfederalDownload
1041Beneficiary's Share of Income, Deductions, Credits, etc.federalDownload
1041Capital Gains and Losses (Estates and Trusts)federalDownload
706-CECertification of Payment of Foreign Death TaxfederalDownload
FE6Claim for Death Benefits (FEGLI)federalDownload
VA40-1330Claim For Standard Government Headstone Or MarkerfederalDownload
SF 2818Continuation of Life Insurance Coverage as AnnuitantfederalDownload
FE7Designation Of Beneficiary (FEGLI)federalDownload
SF 2823Designation Of Beneficiary Federal Employees' Group Life InsurancefederalDownload
FS 5336Disposition of Treasury Securities Belonging to a Decedent's Estate Being Settled Without AdministrationfederalDownload
8855Election To Treat a Qualified Revocable Trust as Part of an EstatefederalDownload
1041Estimated Income Tax for Estates and TrustsfederalDownload
706Generation-Skipping Transfer Tax (Form 706)federalDownload
706-GSGeneration-Skipping Transfer Tax Return for DistributionsfederalDownload
706-GSGeneration-Skipping Transfer Tax Return for TerminationsfederalDownload
8971Information Regarding Beneficiaries Acquiring Property From a DecedentfederalDownload
56Notice Concerning Fiduciary RelationshipfederalDownload
706-GSNotification of Distribution From a Generation-Skipping TrustfederalDownload
1041-VPayment Voucher (Estate or Trust)federalDownload
I-360Petition For Amerasian, Widow(er), Or Special ImmigrantfederalDownload
2848Power of Attorney and Declaration of RepresentativefederalDownload
FS 1455Request By Owner or Person Entitled to Payment for Reissue of United States Savings BondsfederalDownload
706 HASRequest for Discharge From Personal Liability Under IRC 2204 or 6905federalDownload
4810Request For Prompt Assessment Under Internal Revenue Code Section 6501(d)federalDownload
FS 1522Special Form of Request for Payment of United States Savings and Retirement SecuritiesfederalDownload
SSA-721Statement of Death by Funeral DirectorfederalDownload
1310Statement of Person Claiming Refund Due a Deceased TaxpayerfederalDownload
706-NAU.S. Estate Tax Return for Nonresident Not a Citizen of the U.S.federalDownload
706-QDTU.S. Estate Tax Return for Qualified Domestic TrustsfederalDownload
1041 UU.S. Income Tax Return for Estates and TrustsfederalDownload
1041-AU.S. Information Return Trust Accumulation of Charitable AmountsfederalDownload
706-AUnited States Additional Estate Tax ReturnfederalDownload
706 UNITEDUnited States Estate (and Generation-Skipping Transfer) Tax ReturnfederalDownload
709United States Gift (and Generation-Skipping Transfer) Tax ReturnfederalDownload
30.11. Probate -Guardian's Acceptance of Appointment in a Will ...North Dakota Court SystemstateDownload
8.6Application for Approval of Parent Investigator Training FormstateDownload
Bulk Data ContractstateDownload
Demand for Notice Research GuideNorth Dakota Court SystemstateDownload
Informal Administration of an EstateNorth Dakota Court SystemstateDownload
Instructions for Accepting Appointment as Guardian of a ...North Dakota Court SystemstateDownload
Instructions for Declining Appointment as Guardian for a ...North Dakota Court SystemstateDownload
Making a Claim Against an EstateNorth Dakota Court SystemstateDownload
30.1ORDER APPROVING TESTAMENTARY APPOINTMENT ...North Dakota Court SystemstateDownload
8.6Parent Investigator Continuing Education Approval Request.pdfstateDownload
Parenting Investigator Roster ApplicationstateDownload
POL206Policy 206 - Fees and Expenses for Preparation of TranscriptsstateDownload
Will Research Guide No Will Forms AvailableNorth Dakota Court SystemstateDownload

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

Closest to this court, North Dakota

Bradley (Brad) Myers

University of North Dakota

Grand Forks · 65 mi

Toni Sandin

Sandin Law, Ltd.

Fargo · 137 mi

Business PlanningCharitable Planning+4

Timothy (Tim) Richard

Serkland Law Firm

Fargo · 138 mi

Business PlanningGeneral Trust & Estate+1

Fred (John) Williams

Fredrikson & Byron, P.A.

Fargo · 138 mi

Jessica Foss

Fredrikson & Byron, P.A.

Fargo · 138 mi

General Trust & EstateAsset Protection+1
See more attorneys near Pembina County