North Dakota Probate Forms: Complete List and Where to Find Them

North Dakota probate forms are published by the North Dakota Supreme Court through the Legal Self Help Center. They are free to download, but the court does not provide any will drafting forms, estate planning templates, or instructions for creating legal documents before death. The forms cover only post-death administration — filing for probate, notifying creditors, inventorying assets, and closing the estate.

Here is every official form you need, what each one does, and when to file it.

Small Estate Forms (No Court Filing Required)

If the estate is worth less than $100,000 and contains no real estate, you can skip probate entirely using the small estate process under N.D.C.C. § 30.1-23-01.

Form 1 — Affidavit for Collection of Personal Property of the Decedent (SFN 2916). This is the only form needed for a qualifying small estate. Wait at least 30 days after death, then present this signed and notarized affidavit directly to banks, brokerages, or anyone holding the deceased's personal property. No court filing, no judge, no filing fee. The affidavit must include the names of all heirs and state under penalty of perjury that the estate qualifies.

Informal Probate Forms (Uncontested Estates)

Most North Dakota estates use the informal probate track — an administrative process handled by the court registrar without a judge. The filing fee is $160.

Form 2 — Application for Informal Probate of Will and Appointment of Personal Representative. The main application. Filed by the person requesting appointment as personal representative (executor). Lists all heirs, identifies the will, and requests the registrar's approval.

Form 3 — Statement of Informal Probate of Will and Appointment of Personal Representative. Issued by the court registrar after approving Form 2. This is the court's official record that the will has been admitted to probate.

Form 4 — Letters Testamentary. Your proof of authority. This document is what banks, title companies, and government agencies require before they will release assets, retitle property, or accept your instructions as personal representative.

Form 9 — Waiver of Right to Appointment. If someone with equal or higher priority to serve as personal representative exists (such as a surviving spouse), they must sign this waiver before the court will appoint you instead.

Intestate Probate Forms (No Will)

When the deceased left no will, a different set of forms applies:

Form 17 — Application for Informal Appointment of Personal Representative (Intestacy). Equivalent to Form 2, but for estates without a will. Lists all heirs under the intestacy statute.

Form 18 — Statement of Informal Appointment of Personal Representative (Intestacy). The registrar's approval document for intestate estates.

Form 19 — Letters of Administration. Equivalent to Letters Testamentary, but for intestate estates. Same purpose — proof of your legal authority.

Administration Forms (Used During Probate)

Form 6 — Notice to Creditors. Published once per week for three consecutive weeks in a local newspaper. Gives creditors three months from the first publication to file claims. Publishing this notice is optional but strongly recommended — without it, the claims period extends to three years.

Form 7 — Affidavit of Forwarding. Filed with the court after mailing copies of the probate application and heir list to the North Dakota Department of Health and Human Services Estate Recovery Unit. This is mandatory — HHS must be notified so they can assert any Medicaid recovery claims.

Form 8 — Affidavit for Access to Safe Deposit Box. Used before probate is opened to access a safe deposit box solely to locate the will or funeral instructions. Must be notarized.

Form 10 — Inventory and Appraisement. A complete list of all estate assets at fair market value as of the date of death. Must be prepared within three months of appointment. Sent to all heirs; filed with the court only if requested.

Form 11 — Personal Representative's Deed of Distribution. The deed used to transfer real property from the estate to heirs. Filed with the county recorder. Recording fee is $20 for documents up to 6 pages.

Closing Forms

Form 15 — Sworn Statement to Close Estate (Small Estates). Used to formally close estates administered under the small estate affidavit process.

Form 16 — Personal Representative's Verified Statement of Closing. The standard closing form for informal probate. Filed after all debts are paid, taxes filed, and assets distributed. States under oath that all duties are complete.

Where to Download

All forms are available through the North Dakota Supreme Court Legal Self Help Center at ndcourts.gov under "Legal Self Help" → "Informal Probate." The court also publishes a "Guidebook for Informal Administration of an Estate" — a step-by-step instruction manual that walks through which forms to file and in what order.

What the Court Does Not Provide

The court system explicitly does not provide forms for wills, trusts, powers of attorney, healthcare directives, or Transfer on Death Deeds. These must be drafted separately. The North Dakota Basic Estate Planning Kit includes North Dakota-specific templates for all of these pre-death planning documents, designed to work alongside the court's post-death administration forms.

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