Need help? Call +1 234-501-2663 (234-501-BOND) Email [email protected]
The Probate Bond Experts
Probate in North Dakota is handled by the District Court in each of the state's 53 counties, with the Clerk of District Court handling much of the informal filing. The District Court appoints the personal representative and oversees administration, and North Dakota's Uniform Probate Code lets most estates proceed informally without a court hearing.
North Dakota adopted the Uniform Probate Code, codified in Title 30.1 of the Century Code. The estate fiduciary is called the personal representative, an executor when named in a will and an administrator when appointed without one. The bond rules sit in Sections 30.1-17-03 through 30.1-17-06.
North Dakota imposes no state estate tax and no inheritance tax, so most estates face only the federal estate tax, which reaches only very large estates.
When a North Dakota bond is required, the amount is set under NDCC Section 30.1-17-04:
North Dakota follows the Uniform Probate Code, so a bond is the exception. Under NDCC Section 30.1-17-03:
Filing a North Dakota probate bond, when one is required, follows Title 30.1 and District Court practice:
A bond is often not needed in North Dakota, so many estates pay no bond premium at all. When a bond is required by the will or a demand, the cost is a premium paid to the surety company:
Beyond the standard personal representative bond, North Dakota probate practice uses several additional bond types:
North Dakota does not run a licensing board for private professional fiduciaries, but its Uniform Probate Code places clear duties on every personal representative:
You can check pricing or apply online once you know the bond type ordered by the court. Applications must match the bond type and amount specified in your court order or legal documents.
APPLY NOWUsually not. Under Title 30.1, no bond is required of a personal representative appointed in informal probate, which covers most estates. A bond is required when the will requires one, on the appointment of a special administrator, or when an interested party demands one.
A bond is required when the will expressly requires it, on the appointment of a special administrator, when a person with at least $1,000 of interest petitions for one and the court agrees, or when the court orders one in a formal proceeding.
When a bond is required, most North Dakota probate bonds cost about 0.5% to 1% of the bond amount per year for well-qualified applicants, so a $100,000 bond commonly runs $500 to $1,000 per year. Small bonds carry a minimum premium of about $100 to $150.
Under Section 30.1-17-04, if the will or court order specifies an amount the bond is set in that amount. Otherwise it equals the personal representative's sworn best estimate of the personal estate plus a year of income. Secured deposits can reduce it.
Most North Dakota probate bonds are issued within 24 hours of a completed application, and qualified applicants can often be approved the same day. We keep the process moving so you can qualify on the court's timeline.
Yes. Credit is one factor but not the only one. We work with multiple surety companies and can often find an approved program for applicants with credit challenges, sometimes with a co-signer or collateral.
The District Court in the county where the decedent lived handles probate. Each of North Dakota's 53 counties has a District Court, and the Clerk of District Court handles much of the informal probate work.
North Dakota uses personal representative for both. A person named in a will is an executor and one appointed without a will is an administrator, but Title 30.1 gives both the same title and the same authority.
No. North Dakota has no state estate tax and no inheritance tax, so most estates face only the federal estate tax, which reaches only very large estates.
When required, the bond protects the heirs, devisees, and creditors of the estate from loss caused by a personal representative who fails to perform faithfully, and it can be claimed against up to its penalty.
When a bond is required, it stays in force until the estate is closed and the court discharges the personal representative. For estates that stay open across more than one year, the premium is charged annually until that discharge.
Yes. Even where no bond was required at appointment, a person with at least $1,000 of interest can petition for one, and the court may order a bond when it finds one desirable to protect the estate.
Yes, in a formal proceeding. Under Section 30.1-17-03, a bond that a will requires may be dispensed with in a formal proceeding when the court determines that the bond is not necessary.
No. A small estate with personal property of $50,000 or less and no real property can be collected by affidavit 30 days after death, without a full appointment, so a bonded personal representative is generally not involved.
No. A probate bond is a surety bond, not insurance for the fiduciary. It protects the heirs, devisees, and creditors. If the surety pays a claim, the personal representative is legally obligated to repay the surety.
Often yes. A conservator appointed to manage the estate of a protected person is generally required to post a bond, and a guardian responsible for property may be required to as well, tied to the value of the property under management.
Yes. The court may reduce the bond by the value of estate assets deposited with a domestic financial institution so they cannot be disposed of without authorization, and may reduce it on petition as the estate is administered.
When a bond is required, you file it with the District Court in the county where the decedent was domiciled, and the court approves the surety before Letters issue.
I offer practical solutions across insurance, bonds, business services, and investigations, tailored to support professionals and entrepreneurs.
Find North Dakota Probate Courts by County
Once you have your bond, or if you need court addresses, phone numbers, filing hours, and local forms, visit our North Dakota probate court directory. We list every county court in North Dakota with contact information and links to local forms.
North Dakota Probate Court Directory