Detailed answer — core documents and why they matter

When someone dies in North Dakota and you need to open a probate estate, the court will expect you to file a bundle of documents so a judge can decide whether to appoint a personal representative (also called an executor or administrator) and to accept that person’s oath. The exact required items can vary by county and by whether there is a valid will. Below is a practical checklist and explanation of the common documents courts require.

1. Original will (if there is one)

If the decedent left a will, file the original will with the probate petition. The will identifies any nominated executor and may include language waiving a bond. If you cannot find the original, you must explain why and follow local court rules for admitting a copy.

2. Death certificate (certified copy)

Bring a certified copy of the decedent’s death certificate. Courts require proof of death before opening a probate case.

3. Petition for probate / application for appointment

File a formal petition or application asking the court to admit the will (if any) and to appoint the personal representative. Typical information includes the decedent’s name, date of death, domicile, whether there’s a will, the petitioner’s relationship to the decedent, and the relief requested (letters testamentary or letters of administration).

4. Oath form / oath of office

North Dakota requires that the appointed personal representative take an oath to perform duties honestly and faithfully before letters issue. Courts have a standard oath form. Some counties require the oath at the hearing; others accept a sworn affidavit in the filed paperwork. Check local rules or use the court’s form.

5. Acceptance/consent/renunciation documents from interested persons

If someone else nominated in the will declines to serve, a signed renunciation helps clear the way. If multiple personal representatives will act, each must sign an acceptance of appointment and, where required, take the oath.

6. Bond or bond waiver

The court may require the personal representative to post a fiduciary bond (insurance) unless the will waives bond or the court orders otherwise. If the will waives bond, file the will language and a proposed order showing the waiver. If a bond is needed, file a bond form and the surety’s certificate.

7. Notice documents and mailing list

Probate requires notice to heirs, beneficiaries, and sometimes creditors. Prepare a list of known heirs and heirs-at-law with addresses. File proof you provided required notices (affidavit of mailing or certificate of service) when instructed by the court.

8. Inventory / schedule of known assets (initial inventory or affidavit)

Many courts expect an initial listing of estate assets or an affidavit describing the estate’s major items and their location. North Dakota also uses specific procedures for small estates — check local rules for simplified forms.

9. Identification and contact information for the petitioner

The petitioner should provide identification and contact information to the court clerk so the court can communicate scheduling and orders.

10. Filing fee or fee waiver request

Most counties charge a filing fee to open probate. If the petitioner cannot pay, file a request for fee waiver with supporting information per local forms.

11. Additional county-specific forms

North Dakota counties often have local probate forms and requirements (for example, local probate coversheets, hearing worksheets, or specific citation forms). Always check the local county court clerk’s checklist or the statewide forms page.

Typical steps when you file these documents

1. File the petition and supporting documents with the county court clerk where the decedent was domiciled.
2. Pay the filing fee or request a waiver.
3. Provide statutory notice to heirs, beneficiaries, and creditors as required.
4. Attend the probate hearing (if required). At the hearing the court may admit the will, appoint the personal representative, and administer the oath or accept the filed oath document.
5. After appointment and oath, the court issues letters testamentary or letters of administration authorizing the representative to act for the estate.

Where to find North Dakota probate statutes and forms

North Dakota laws governing decedents’ estates and the court’s probate process are in the North Dakota Century Code and related court rules. For statutes and official code, start at the North Dakota Legislature site: https://www.legis.nd.gov/cencode.

For standard ND court probate forms and county-specific guidance, review the North Dakota Court System forms page: https://www.ndcourts.gov/legal-resources/forms/estate-probate. Your county court clerk can confirm local filing rules and provide any additional forms.

Common variations and special situations

• If the estate qualifies as a small estate, North Dakota has simplified procedures and different forms — the county clerk can confirm eligibility.
• If the nominated executor is out-of-state, the court may require additional proof of identity and bond.
• If multiple people claim the right to serve as personal representative, the court may hold a contested hearing.
• If the original will is lost, extra affidavits and evidence will be necessary to admit a copy.

Important: local practice varies. Always confirm the exact current forms and filing steps with the county court clerk where the decedent lived.

Helpful hints — practical tips to make the appointment and oath go smoothly

• Contact the county court clerk before filing. Ask for a probate filing checklist and any county-specific forms.
• Bring the original will and multiple certified copies of the death certificate so the clerk can stamp and return copies as needed.
• If the will waives bond, point that out in your petition and attach the specific language from the will to avoid unnecessary bond filing.
• Prepare a short family tree or heir list with addresses to speed notice and service requirements.
• Keep receipts and a simple register of estate activity; the court will expect accounting and accountability from the personal representative.
• If someone objects to your appointment, stay calm and consider consulting an attorney before the hearing — contested matters are technical and time-sensitive.
• Use the North Dakota Court forms page for templates of petitions, oaths, and notices: https://www.ndcourts.gov/legal-resources/forms/estate-probate
• If the estate is small or all assets pass outside probate (joint accounts, beneficiary designations), the process may be simpler — but you still may need a small-affidavit procedure or letters for third parties.
• Keep digital and printed copies of everything you file and the court’s signed orders/letters.