Skip to main content
ScenariosResourcesFree ToolsBy StateThe BookCommunityFind AttorneyJoin free
Back to all states
State guide

North Dakota

Estate law, probate process, and inheritance rules for North Dakota — in plain language.

Probate timeline
6–9 months typical

$2,000–$4,000 typical

Small-estate procedure
Under $50,000

Affidavit N.D.C.C. §30.1-23-01

State taxes
Estate tax: NoneInheritance tax: None
Common-law state
Spousal rights in North Dakota

Elective share: graduated by marriage length (MUPC)

If there is no will (intestate succession)

Spouse + descendants of marriage: spouse takes 100%.

Executor / personal-rep requirements
  • ✓Must be 18+ and of sound mind
  • ✓May be required to post bond unless will waives it
  • ✓Must file inventory of estate assets
  • ✓Must give notice to creditors per statute
Key filing deadlines
  • ⏱Will filed within 30 days
  • ⏱Notice to creditors: 3 months
  • ⏱Inventory: 6 months after appointment
Common pitfalls in North Dakota
  • ⚠Outdated beneficiary designations override the will
  • ⚠Real estate in another state triggers ancillary probate
  • ⚠Joint tenancy with non-spouse can create unintended consequences
Recommended actions for North Dakota residents
  • →No state tax — probate avoidance via trust for larger estates
  • →ND oil/gas mineral rights estate planning is unique
Statute references
  • N.D.C.C. Title 30.1 (Uniform Probate Code)

Statute references are for orientation only. Verify current text with your state legislature's website. Not legal advice — consult an attorney licensed in North Dakota.

Important legal notice

Plan Your Passing is not a law firm. The information on this site is for general educational purposes only and does not constitute legal, financial, tax, medical, or professional advice. No attorney-client relationship is created by reading this site or using any tool on it. Estate, probate, tax, and inheritance laws differ by country, state, province, county, and individual circumstance, and they change over time. You are solely responsible for confirming the laws that apply to you. Always consult a licensed attorney in your jurisdiction before making any legal, financial, or tax decision regarding wills, trusts, beneficiaries, probate, real estate transfers, gifts, or end-of-life directives. The author, operators, and affiliates of this site disclaim all liability for actions taken or not taken based on its contents.

Free resource

Start with the checklist

Download the free Family Estate Readiness Checklist — 47 things to do, say, find, and decide.

No spam. One email with the checklist, then occasional updates.