Probate and Recording Deeds in Cass County (Fargo), North Dakota
Where to file a will or open probate, and where to record a deed, in Cass County (Fargo) — with the state rules that apply.
Probate court
Cass County District Court (East Central Judicial District), Clerk of District Court
Address: 211 9th St. S., Fargo, ND 58103
Phone: (701) 451-6900 (Clerk's Office)
North Dakota rules that apply
| Small estate affidavit | Thirty days after death, a successor may collect the decedent's personal property (money owed, tangible personal property, stock and similar instruments) by presenting an affidavit stating that the entire estate, wherever located, less liens and encumbrances, does not exceed $100,000; that 30 days have passed since death; that no application or petition for a personal representative is pending or has been granted in any jurisdiction; and that the successor is entitled to the property. Transfer agents must re-register securities on the affidavit. The procedure covers personal property only; real estate cannot be transferred this way. The affidavit is presented to whoever holds the property and is not filed with the court. The limit rose from $50,000 to $100,000 under 2025 House Bill 1224 (signed March 2025, no emergency clause; effective August 1, 2025). The court's self-help instructions describe the limit as a net value of less than $100,000.00. |
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| Probate steps | Informal administration: (1) any time after five days from death, file with the district court the Application for Informal Probate/Appointment of Personal Representative (with the original will, if any) and obtain the Statement of Informal Probate and Letters; (2) send Notice and Information to Heirs and Devisees; (3) optionally publish a notice to creditors once a week for three weeks and mail it to known creditors; (4) within six months after appointment or nine months after death, whichever is later, prepare the inventory and appraisement and file it or send it to heirs or devisees; (5) pay allowed claims, expenses and taxes; (6) distribute property (real estate by personal representative's deed of distribution, recorded with certified letters); (7) close the estate by filing a verified closing statement, no earlier than three months after first publication and mailing of the creditor notice. Formal probate is also available, for example when the will is disputed or more than three years have passed since death. |
| Signing and recording a deed | A deed must be in writing and subscribed by the grantor or the grantor's authorized agent. To be recorded, an individual's signature must be acknowledged before a notary or other authorized officer (or proved by a subscribing witness), with original signatures. The deed must show the post-office address (and street address within a city) of each grantee, and a deed with a metes-and-bounds description must name who drafted the legal description. The recorder will not record the deed without the county auditor's certificate of transfer, and the grantee must certify on the deed a statement of the full consideration paid or a listed exemption. Deeds are recorded with the county recorder where the land is located. A quitclaim deed is a valid conveyance. Deed formalities are in chapter 47-10 (https://ndlegis.gov/cencode/t47c10.pdf); the auditor's certificate and consideration statement are in chapter 11-18 (https://ndlegis.gov/cencode/t11c18.pdf). |
| Transfer-on-death deed | Yes. Under the Uniform Real Property Transfer on Death Act, an individual with the capacity to make a will may transfer real property to beneficiaries effective at death. The deed must have the elements and formalities of a recordable deed, state that the transfer occurs at the owner's death, use the phrase "transfer on death deed" or "TOD" in its title, and be recorded before the owner's death with the county recorder where the property is located. It is revocable, and notice, delivery, acceptance or consideration is not required. An auditor's certificate of transfer and a statement of full consideration are not required to record it. |
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General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.