The North Dakota Application for Informal Probate of Will and Appointment of Personal Representative is the court form a person files to open a deceased person’s estate, prove the will without a hearing, and get legal authority to act as the estate’s manager. You file it with the district court in the North Dakota county where the person lived when they died, and a judicial officer called the registrar reviews it on paper. Get it right, and you receive Letters Testamentary in days. Get it wrong, and the registrar can refuse to act, forcing you into a slower, more costly formal probate with a judge and a hearing.
Most estates in North Dakota move through informal probate because it is faster and cheaper, and state law plainly says you do not need a lawyer to file it. In fact, North Dakota Century Code 30.1-14-01.1 places a duty on the court to give you the forms and tells you that an attorney is not required. You must file within three years of the date of death in almost every case, or the door to probate slams shut. Here is what you will learn:
- 📄 What the form is, who must file it, and the law that controls it
- 🗂️ Every document and detail to gather before you open the form
- ✍️ A line-by-line walkthrough of each box, with sample entries
- 👥 Three real-world scenarios filled out from start to finish
- ⚠️ The costly mistakes that send filers into formal probate
What the Form Is and Who Must File It
The Application for Informal Probate of Will and Appointment of Personal Representative is a single document that does two jobs at once. First, it asks the court to accept the decedent’s will as valid without a hearing. Second, it asks the court to appoint you, or another named person, as the personal representative (the modern term for an executor) who will gather assets, pay debts, and distribute property. The form is sometimes labeled “Form 2” in North Dakota self-help materials, and you should confirm the revision date printed at the bottom of the official version before you file.
You file this version of the form only when the decedent died testate, meaning they left a valid will. If there is no will, you use the separate Application for Informal Appointment of Personal Representative, which is the intestate twin of this form. The person who files is called the applicant, and the applicant is usually the person named as executor in the will, the surviving spouse, or an adult child.
You must have legal standing to file, which the law calls “an interest” in the estate. A neighbor or a friend with no stake cannot file. The form is governed by North Dakota Century Code 30.1-14-01, which lists exactly what the application must contain, and by the priority rules in N.D.C.C. 30.1-13-03, which decide who has the first right to be appointed. The court that receives it is the district court in the decedent’s county of domicile, and the official who approves it is the registrar, not a judge.
The plain-English purpose of the statute is to let families settle simple, uncontested estates quickly. If you ignore the rules, the consequence is real: the registrar must reject an incomplete or untimely application, and you lose the speed that makes informal probate worth using. For example, Linda files three years and one day after her father’s death and the registrar denies the application outright. A common misconception is that informal probate is “not real” probate; it is fully legal probate, and the Letters Testamentary you receive carry the same power as those issued in a formal case.
Before You Start: Documents and Information You Need
Gathering everything first saves you from a half-finished form and a wasted trip to the courthouse. Informal probate runs on paper, so the registrar cannot ask you questions in a hearing to fix gaps. Missing one item can stall the entire estate. Pull these together before you write a single word on the application.
- The original signed will. The registrar must hold the original, not a photocopy, or the application fails unless an authenticated copy from another state’s probate accompanies it.
- A certified death certificate. Order it from North Dakota Vital Records; the court uses it to confirm the date of death that starts your three-year clock.
- The decedent’s full legal name and any other names used. Assets titled under a maiden name or nickname need the alternate names listed so nothing is missed.
- Date of death and the decedent’s age at death. The statute requires both, and the date sets the filing deadline.
- County and state of domicile at death. This decides which district court has venue and where you file.
- Names, addresses, and ages of the spouse, children, heirs, and devisees. The law requires you to list these people, and minors must have their ages shown.
- Your own interest in the estate. You must state why you have standing, such as “named personal representative in the will” or “surviving spouse.”
- The filing fee. Budget around $80 for the district court filing fee, though you should confirm the current amount with your county clerk.
- Waivers of priority, if needed. If someone has an equal or higher right to serve, you need their signed waiver before the registrar will appoint you.
- The decedent’s last known address and Social Security number. These help match assets and satisfy later notice duties.
If any item is missing, the registrar can hold or deny the file. For example, Marcus shows up with a clear photocopy of his mother’s will but cannot find the original; the registrar cannot informally probate a copy, and Marcus is pushed into formal probate to prove the lost will.
Where to Get the Form and How to Access It
You can get the Application for Informal Probate of Will and Appointment of Personal Representative directly from the North Dakota court system at no charge. The North Dakota Courts self-help center hosts the probate packet, and the clerk of district court in your county can hand you a paper copy in person. Because N.D.C.C. 30.1-14-01.1 makes it the court’s duty to provide forms, no clerk may refuse to give you one.
You have three practical ways to access and submit the form. You can download and print it, pick it up at the courthouse, or prepare it through the statewide electronic filing portal. North Dakota district courts use the Odyssey eFileND system for electronic filing, which lets you upload the application, the will image, and the death certificate, then pay the fee online.
Confirm you have the current version by checking the revision date printed at the foot of the form. Court forms change, and a registrar can reject an outdated template that no longer matches the statute’s required statements. For example, Aisha downloads a years-old form from a third-party website, and the clerk asks her to redo it on the current official version. A common misconception is that any “North Dakota probate form” found online will work; only the current official court form, or a version that contains every statement required by N.D.C.C. 30.1-14-01, is safe to file.
Step-by-Step: How to Fill Out the Application Line by Line
Work through the form top to bottom in the order the fields appear. Print clearly in black ink, or type the entries if you file electronically. Italicized text below shows sample entries exactly as they would look on the page.
Caption: Court, County, and Case Title
What it asks in plain English. The top of the form, called the caption, asks which court you are filing in and names the case. How to answer it. Write “STATE OF NORTH DAKOTA” and the county on the lines provided, then “IN DISTRICT COURT” and the judicial district, and title the matter “In the Matter of the Estate of [decedent’s name], Deceased.” A specific example answer. Burleigh County and In the Matter of the Estate of Robert James Olson, Deceased. A nuance or edge case. If the decedent lived in one county but owned property in another, venue still follows the county of domicile at death, not where the land sits. A common mistake and its consequence. Filing in the wrong county forces the clerk to reject or transfer the case, costing you weeks. A misconception people hold. Many filers think they can file in whatever county is closest to them; venue is set by the decedent’s home county under the Uniform Probate Code, not your convenience.
Field 1: Statement of the Applicant’s Interest
What it asks in plain English. This field asks who you are and why you have the right to file. How to answer it. State your relationship and legal basis in a short phrase, such as “Applicant is the person nominated as personal representative in the decedent’s will.” A specific example answer. Applicant is the surviving spouse and the nominated personal representative. A nuance or edge case. If you are an heir but not named in the will, you still have an interest, but someone with higher priority may need to waive their right first. A common mistake and its consequence. Leaving this vague, like writing only “family member,” can make the registrar question your standing and hold the file. A misconception people hold. Some believe only the named executor can ever apply; a surviving spouse, devisee, or heir may apply too, subject to the priority order in N.D.C.C. 30.1-13-03.
Field 2: Decedent’s Name, Date of Death, Age, and Domicile
What it asks in plain English. This box collects the core facts about the person who died. How to answer it. Enter the full legal name, the date of death in MM/DD/YYYY format, the age at death, and the county and state where the decedent lived. A specific example answer. Robert James Olson, died 03/14/2026, age 78, domiciled in Burleigh County, North Dakota. A nuance or edge case. If the decedent used more than one name on assets, add “also known as” entries so titles can be matched. A common mistake and its consequence. An incorrect date of death can wrongly suggest the three-year deadline has passed, triggering a denial. A misconception people hold. People assume “domicile” means where the person died, such as a hospital out of state; domicile is the permanent home the decedent intended to return to.
Field 3: Names, Addresses, and Ages of Spouse, Children, Heirs, and Devisees
What it asks in plain English. This field asks you to list the family members and beneficiaries connected to the estate. How to answer it. List the surviving spouse, all children, all heirs at law, and all devisees named in the will, with current mailing addresses, and show the age of anyone who is a minor. A specific example answer. Mary Olson, spouse, 410 3rd St, Bismarck, ND; Sarah Olson, daughter, age 16, same address. A nuance or edge case. You must list heirs even when the will leaves them nothing, because they are still interested persons entitled to notice. A common mistake and its consequence. Omitting an heir or devisee means that person never gets the required notice, which can later void parts of the administration. A misconception people hold. Many think only people who inherit need listing; the statute requires spouse, children, heirs, and devisees alike, even disinherited ones.
Field 4: Venue Statement if Decedent Was Not a Resident
What it asks in plain English. This field applies only if the decedent did not live in North Dakota at death. How to answer it. If the decedent was a nonresident, state the basis for venue, such as the location of real property or other assets in a North Dakota county. A specific example answer. Decedent was domiciled in Montana but owned mineral interests in Williams County, North Dakota. A nuance or edge case. Out-of-state mineral rights are a frequent reason North Dakota ancillary probate opens for nonresidents. A common mistake and its consequence. Skipping this when the decedent was a nonresident leaves venue unestablished, and the registrar cannot accept the case. A misconception people hold. Some assume a nonresident’s estate cannot be probated here at all; it can, when North Dakota property gives the court venue.
Field 5: Other Personal Representatives Already Appointed
What it asks in plain English. This box asks whether anyone has already been appointed to manage this estate anywhere. How to answer it. Identify any personal representative appointed in North Dakota or another state whose appointment has not ended, and give that person’s address; if none, state “none.” A specific example answer. None known to applicant. A nuance or edge case. If a probate is open in the decedent’s home state, that domiciliary representative may have priority here under the priority statute. A common mistake and its consequence. Failing to disclose an existing representative can create conflicting authority and challenges to your appointment. A misconception people hold. Filers think a representative appointed elsewhere has no bearing on North Dakota; that person may actually outrank you for appointment.
Field 6: Demand for Notice Statement
What it asks in plain English. This field asks whether anyone has filed a formal request to be notified of proceedings about this decedent. How to answer it. State whether you have received, or are aware of, any demand for notice filed in this state or elsewhere; if not, say so plainly. A specific example answer. Applicant has received no demand for notice and is aware of none. A nuance or edge case. A creditor or estranged relative may file a demand for notice to monitor the estate, which changes how you must communicate. A common mistake and its consequence. Ignoring a known demand for notice can invalidate the informal appointment if that person was entitled to advance notice. A misconception people hold. People believe demands for notice are rare and can be skipped; if one exists, the registrar may not act informally without addressing it.
Field 7: Three-Year Time-Limit Statement
What it asks in plain English. This field confirms that you are filing within the legal deadline. How to answer it. State that three years or less have passed since the death, or, if more time has passed, cite the special circumstances under N.D.C.C. 30.1-12-08 that allow late probate. A specific example answer. Less than three years have elapsed since the decedent’s death. A nuance or edge case. Limited exceptions allow tardy probate, such as determining heirs without appointing a representative, but they are narrow. A common mistake and its consequence. Filing after three years without a valid exception leads to automatic denial and may bar formal testacy too. A misconception people hold. Many assume the deadline is flexible if the family was grieving; the three-year limit is firm except for the specific statutory exceptions.
Field 8: Statement That the Original Will Is With the Court
What it asks in plain English. This testate-only field confirms the court has, or is receiving, the will. How to answer it. State that the original will is in the court’s possession, accompanies the application, or that an authenticated copy of a will probated elsewhere accompanies it. A specific example answer. The original of the decedent’s last will accompanies this application. A nuance or edge case. If the will was already admitted in the decedent’s home state, attach authenticated copies of the will and the order admitting it instead of the original. A common mistake and its consequence. Submitting only a plain photocopy means the registrar cannot informally probate the will, forcing formal probate. A misconception people hold. Filers think a notarized copy equals the original; only the original, or an authenticated out-of-state copy, satisfies this requirement.
Field 9: Statement of Belief That the Will Was Validly Executed
What it asks in plain English. This field asks you to affirm the will appears legally valid. How to answer it. State that, to the best of your knowledge, you believe the will was validly executed. A specific example answer. Applicant believes the will was validly executed. A nuance or edge case. A self-proving affidavit attached to the will makes this easier, since it shows the witnesses already swore to its execution. A common mistake and its consequence. Expressing doubt here, or noticing missing witness signatures, signals the registrar to reject informal probate. A misconception people hold. People think they must personally prove the will in court; in informal probate, your good-faith belief plus a facially valid will is enough.
Field 10: Statement of No Known Revocation
What it asks in plain English. This field confirms you do not know of a later will or revocation. How to answer it. State that, after reasonable diligence, you are unaware of any instrument revoking the will and believe it is the decedent’s last will. A specific example answer. After reasonable diligence, applicant is unaware of any instrument revoking the will. A nuance or edge case. If you found a later draft or a codicil, you must address it, because the most recent valid document controls. A common mistake and its consequence. Signing this while sitting on a newer will is a false statement that can void the appointment and expose you to liability. A misconception people hold. Filers assume an old will is fine if it is the only one they like; the law requires the last valid will, not the most convenient one.
Field 11: Priority for Appointment and Waivers
What it asks in plain English. This part establishes your right to be appointed over others. How to answer it. Show that you hold the highest priority under N.D.C.C. 30.1-13-03, or attach signed waivers from everyone with equal or higher priority. A specific example answer. Applicant is nominated in the will and has highest priority; no waivers required. A nuance or edge case. When two children share equal priority and both want to serve, one must waive or the registrar will not appoint informally. A common mistake and its consequence. Filing without required waivers means the registrar cannot appoint you, and the application stalls. A misconception people hold. People think the will’s nomination always wins; a domiciliary representative appointed in the decedent’s home state can match or exceed that priority.
Field 12: Personal Representative Information and Bond
What it asks in plain English. This field names the proposed representative and addresses bond. How to answer it. Enter the proposed personal representative’s full name and address, and indicate whether a bond is required, waived by the will, or not needed. A specific example answer. Mary Olson, 410 3rd St, Bismarck, ND; bond waived by the terms of the will. A nuance or edge case. Many wills waive bond, but if the will is silent and an heir demands it, the court may require one. A common mistake and its consequence. Claiming bond is waived when the will does not waive it can prompt the court to demand bond and delay your Letters. A misconception people hold. Filers assume bond is always required; in North Dakota it is often unnecessary in informal probate when the will waives it.
Field 13: Signature and Verification
What it asks in plain English. This is where you swear the application is true and sign it. How to answer it. Sign and date the application, and complete the verification under oath as the form directs, before a notary if required. A specific example answer. Mary Olson, signed 06/01/2026. A nuance or edge case. If two people apply as co-representatives, both must sign and verify. A common mistake and its consequence. An unsigned or unverified application is legally incomplete, and the registrar must return it. A misconception people hold. People treat the signature line as a formality; you are swearing under penalty of perjury that every statement is true.
Three Filled-Out Examples Using Real Scenarios
These three scenarios show how different families complete the same form. Each follows one named person from the caption to the signature line.
Scenario 1: Mary, a surviving spouse with a simple estate and one bank account.
| Form Section | What Mary Enters |
|---|---|
| Court and county | Burleigh County, North Dakota, District Court |
| Applicant’s interest | Surviving spouse and nominated personal representative |
| Decedent name and death | Robert James Olson, died 03/14/2026, age 78 |
| Domicile | Burleigh County, North Dakota |
| Heirs and devisees | Mary Olson (spouse); Sarah Olson (daughter, 16) |
| Original will | Original will accompanies this application |
| Time limit | Less than three years have elapsed |
| Bond | Bond waived by the will |
| Signature | Mary Olson, 06/01/2026 |
Scenario 2: David, an adult child nominated as executor for an estate with a house.
| Form Section | What David Enters |
|---|---|
| Court and county | Cass County, North Dakota, District Court |
| Applicant’s interest | Son and personal representative named in the will |
| Decedent name and death | Helen Marie Carlson, died 01/20/2026, age 83 |
| Domicile | Cass County, North Dakota |
| Heirs and devisees | David Carlson (son); Anna Carlson (daughter) |
| Other PR appointed | None known to applicant |
| Original will | Original will accompanies this application |
| Priority and waivers | Waiver of priority signed by Anna Carlson attached |
| Bond | Bond waived by the will |
| Signature | David Carlson, 02/10/2026 |
Scenario 3: Karen, a named executor filing when an heir lives out of state.
| Form Section | What Karen Enters |
|---|---|
| Court and county | Williams County, North Dakota, District Court |
| Applicant’s interest | Niece nominated as personal representative in the will |
| Decedent name and death | George Allen Boyd, died 11/05/2025, age 90 |
| Domicile | Williams County, North Dakota |
| Heirs and devisees | Karen Boyd (niece, ND); Thomas Boyd (nephew, Texas) |
| Demand for notice | No demand for notice received or known |
| Original will | Original will accompanies this application |
| Time limit | Less than three years have elapsed |
| Priority and waivers | No equal-priority person; will nomination controls |
| Signature | Karen Boyd, 12/01/2025 |
How to File the Completed Form
North Dakota gives you three filing channels, and each ends with you receiving proof you can keep. Pick the one that fits your comfort with paperwork and travel.
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In person. Bring the signed application, the original will, and the certified death certificate to the clerk of district court in the decedent’s county. Pay the filing fee, around $80, by cash, check, or card as the county accepts, and ask for a file-stamped copy as your proof of filing. Processing is often a few business days once the registrar reviews the file.
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By mail. Mail the same documents to the clerk of district court at the county courthouse address, with a check for the fee made out to the clerk. Include a self-addressed stamped envelope so the court can return your file-stamped copies and certified Letters. Mail filing adds transit time on both ends, so allow a couple of weeks.
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Electronically through Odyssey eFileND. Use the Odyssey eFileND portal to upload the application and supporting images and pay by card. Note that the court still needs the original paper will, so you typically deliver or mail that separately even when you e-file the application. Your confirmation email and the court’s notice of acceptance serve as your proof of filing.
Whichever channel you use, keep certified copies of your Letters Testamentary, because banks, title companies, and mineral buyers will demand them before releasing assets.
What Happens After You File
Once the registrar reviews and approves the application, the court issues a Statement of Informal Probate and Letters Testamentary that prove your authority to act. With those Letters, you can open an estate bank account, access records, and take control of the decedent’s property. Approval can take only days in a clean filing, which is the main reason families choose the informal route.
Your duties begin the moment you are appointed. Within 30 days of appointment, you must mail a Notice and Information to Heirs and Devisees to all interested persons by first-class mail, since informal probate provides notice after appointment rather than before. You must also notify the North Dakota Department of Health and Human Services under N.D.C.C. 50-06.3-07 so the agency can file any claim for nursing-home medical assistance the decedent received.
From there you inventory assets, pay valid creditor claims, handle taxes, and distribute property to the devisees. To pass real estate, you record a Personal Representative’s Deed of Distribution with certified Letters. When debts are paid and assets distributed, you close the estate by filing a Sworn Statement of Personal Representative Closing the Estate under N.D.C.C. 30.1-23-04.
Mistakes to Avoid When Filling Out the Form
Each line of this form is a chance to slip, and small errors carry real costs. Watch for these.
- Filing a photocopy instead of the original will. The registrar cannot informally probate a copy, so you fall into formal probate.
- Filing after the three-year deadline. The court must deny the application, and probate may be barred entirely.
- Filing in the wrong county. The clerk rejects or transfers the case, costing you weeks.
- Leaving out an heir or devisee. Omitted people miss required notice, which can unravel the administration.
- Getting the date of death wrong. A bad date can falsely show the deadline has passed.
- Skipping required waivers of priority. Without them, the registrar cannot appoint you.
- Claiming bond is waived when it is not. The court may demand bond and delay your Letters.
- Hiding a known later will or codicil. This is a false statement that can void your appointment.
- Vague statement of interest. A weak standing statement makes the registrar question your right to file.
- Forgetting to sign or verify. An unverified application is incomplete and gets returned.
- Missing the 30-day notice to heirs. Late notice exposes you to challenges from interested persons.
- Ignoring the Department of Health and Human Services notice. Skipping it can leave the estate open to a later Medicaid claim.
Do’s and Don’ts
Do’s
- Do file the original will, because only the original supports informal probate.
- Do confirm venue by county of domicile, since the wrong court rejects your case.
- Do list every heir and devisee, because each is entitled to notice.
- Do check the form’s revision date, so the registrar does not reject an outdated template.
- Do gather waivers early, because you cannot be appointed without them when priority is shared.
- Do keep certified Letters Testamentary, since banks and title companies require them.
Don’ts
- Don’t wait past three years, because the deadline is firm and rarely excused.
- Don’t guess the date of death, since an error can wrongly trigger denial.
- Don’t hide a newer will, because that is perjury and voids your appointment.
- Don’t claim bond is waived without checking the will, or the court may demand one.
- Don’t skip the 30-day heir notice, because late notice invites challenges.
- Don’t use informal probate for a contested estate, since disputes belong in formal probate.
Pros and Cons of Filing on Your Own vs. With Help
Deciding whether to file pro se or hire an attorney depends on how clean the estate is. The table below frames the trade-offs.
| Filing on Your Own (Pro Se) | Filing With an Attorney |
|---|---|
| Saves legal fees, because you only pay the court filing fee | Costs more, but spreads risk to a professional |
| Allowed by law, since N.D.C.C. 30.1-14-01.1 says no attorney is required | Faster for complex estates, because the lawyer knows the priority rules |
| You control the timeline, so you file as soon as documents are ready | Fewer errors, since a pro catches missing waivers and bond issues |
| Good for simple, uncontested estates with a clear will | Better for mineral rights or out-of-state property, which add complexity |
| Court must provide forms, making self-filing realistic | Helpful if any heir is hostile, because disputes can turn into formal probate |
FAQs
Do I need a lawyer to file this form in North Dakota?
No. State law says an attorney is not required, and the court must provide the forms. Many surviving spouses and adult children file informal probate without any legal help.
Do I have to file the original will, or is a copy enough?
No, a copy is not enough. The registrar must have the original will, or an authenticated copy of a will already probated in another state, to grant informal probate.
Do I list heirs who get nothing under the will?
Yes. You must list the spouse, children, heirs, and devisees, even people the will disinherits, because they remain interested persons entitled to notice.
Do I write the decedent’s nickname or full legal name in the name box?
Yes, use the full legal name, and add “also known as” entries for any other names used on assets so titles can be matched correctly.
Do I have to file within a certain time after the death?
Yes. You must file within three years of the date of death in nearly all cases, or informal probate is barred except for narrow statutory exceptions.
Do I need a bond to serve as personal representative?
No, not usually, when the will waives bond. If the will is silent and an heir demands it, the court may require a bond before issuing your Letters.
Do I file in the county where the person died?
No. You file in the county of the decedent’s domicile, meaning their permanent home, not where they happened to die, such as a hospital in another county.
Do I write “none” in the box about other personal representatives if there are none?
Yes. State plainly that no other representative has been appointed, because leaving the field blank can make the application look incomplete to the registrar.
Do I need waivers from my siblings if we share equal priority?
Yes. Anyone with equal or higher priority who is not applying must sign a waiver, or the registrar cannot appoint you in informal probate.
Do I have to notify anyone after I am appointed?
Yes. You must mail a Notice and Information to Heirs and Devisees within 30 days, and notify the Department of Health and Human Services about your appointment.
Do I use this form if there is no will?
No. Use the Application for Informal Appointment of Personal Representative instead, which is the intestate version for estates with no valid will.
Do I have to sign in front of a notary?
Yes, in most cases, because the application is verified under oath. Follow the verification block on the current official form and notarize it if the form directs.
Do I still file in North Dakota if the decedent lived out of state but owned land here?
Yes. When a nonresident owned North Dakota property, such as mineral rights, you can open probate here and must state the basis for venue on the form.
Do I get the same authority with informal probate as formal probate?
Yes. The Letters Testamentary issued in informal probate carry the same legal power as those from a formal case, even though no judge holds a hearing.
Related reading
- How to Fill Out the Idaho Application for Informal Probate + FAQs
- How to Fill Out Montana Application for Informal Probate + FAQs
- How to Fill Out North Dakota Inventory and Appraisement of the Estate + FAQs
- How to Fill Out North Dakota Small Estate Affidavit (w/Examples) + FAQs
- How to Fill Out South Dakota Application for Informal Probate (Form 3-301A & 3-301B) + FAQs
- How to Fill Out a South Dakota Small Estate Affidavit (w/ Examples) + FAQs
- How to Fill Out Arkansas Petition for Probate of Will (w/Examples) + FAQs