Hiring a Wills, Trusts or Probate Lawyer in North Dakota
What North Dakota requires for a valid will, when probate applies, how estate lawyers charge, how to check a lawyer's license, and free help. We do not recommend or rank lawyers.
What a lawyer costs in North Dakota: fee rules
| Rules on contingency fees | Under North Dakota Rule of Professional Conduct 1.5(c), a contingent fee agreement must be in a writing signed by the client stating how the fee is determined, including the percentage(s) for settlement, trial or appeal, litigation and other expenses deducted from the recovery, and whether expenses are deducted before or after the fee is calculated; it must identify expenses the client owes whether or not the client prevails. At the end, the lawyer must give a written statement of the outcome and, if there is a recovery, the remittance and how it was determined, including an itemization of expenses. Rule 1.5(d) bars fees in domestic relations matters contingent on securing a divorce or on the amount of alimony, support or property settlement, and contingent fees for defending a criminal case. |
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North Dakota rules to know first
| Requirements for a valid will | Any adult (18 or older) of sound mind may make a will. The will must be in writing and signed by the testator (or by another person in the testator's conscious presence and at the testator's direction). It must then either be signed by at least two witnesses, each of whom signs within a reasonable time after seeing the testator sign or acknowledge the signature or the will, or be acknowledged by the testator before a notary public or other officer authorized to take acknowledgments. North Dakota accepts a will acknowledged before a notary, without witnesses, as an alternative to two witnesses. |
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| 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. |
| How probate works | 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. |
Find and check a lawyer
| Lawyer referral service | The State Bar Association of North Dakota's Lawyer Referral Service matches paying clients with lawyers. A referral includes a lawyer's name, phone number and up to a 30-minute consultation with a lawyer in the area of law and town or county you choose. The charge for a referral is $30. Phone: (866) 450-9579. |
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| Check that the lawyer is licensed | The North Dakota Court System (Supreme Court) publishes a lawyer search on its website that can be browsed by last initial, license status, city or state, plus a seniority list of currently licensed lawyers by bar admission date. The Disciplinary Board page links to it. |
| Check discipline history or file a complaint | The North Dakota Disciplinary Board, through the Office of Disciplinary Counsel, handles complaints about unethical conduct by lawyers licensed in North Dakota. Send a written, signed and dated complaint describing the conduct, with witness names and copies of relevant documents, to the Office of Disciplinary Counsel, 125 Slate Dr., Ste. 2, P.O. Box 2297, Bismarck, ND 58502-2297 (701-328-3925); you do not need a lawyer. Complaints without indications of misconduct are dismissed; others are investigated and referred to a district inquiry committee, which can dismiss, admonish, agree to probation or start formal proceedings that may go to a hearing panel and the Supreme Court. The process may take several months, and you get written notice of the outcome. A complaint does not change the outcome of a case and is not a claim for damages. |
Free legal help
| Free legal aid | Legal Services of North Dakota is a nonprofit that provides free legal assistance to North Dakota residents in a variety of matters based on income, and can check eligibility for the low-cost Volunteer Lawyers program. Call (800) 634-5263 if under age 60 or (866) 621-9886 if 60 or older (9 am-3 pm Central), or apply online. Dakota Plains Legal Services also provides free legal help to low-income people, older Americans and veterans in North and South Dakota, including tribal court matters. LSC lists Legal Services of North Dakota as its North Dakota grantee. LSND: https://lsnd.org/; LSC grantee list: https://www.lsc.gov/about-lsc/our-grantees |
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All legal help in North Dakota · Do I need a lawyer?
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.