Disclaimer: This article provides general information about North Dakota probate procedures. It does not constitute legal advice. Consult an attorney for guidance on your situation.
Detailed Answer
Under North Dakota law, probate files are part of the public record unless a court orders sealing. The North Dakota Century Code (NDCC) §44-04-18 governs access to public records, and the judiciary publishes procedures for accessing court files at the North Dakota Courts Public Records page. To request estate files from a county probate division or district court, gather the following key details:
- Decedent’s Full Legal Name: Include any aliases or maiden names.
- Date of Death: Use the exact date on the death certificate.
- County of Probate Filing: Specify the county where probate was opened (e.g., Cass County).
- Probate Case Number (if known): This appears on court dockets or notices. If unknown, the clerk can search by name and date of death.
- Relationship or Purpose: While not always required, indicating your relationship to the estate (heir, beneficiary, heir-at-law, creditor, or researcher) can help expedite the request.
- Contact Information: Provide your name, mailing address, phone number, and email.
Once you have this information, follow these steps:
- Visit the county district court’s clerk office or website. Many counties list forms and fee schedules online.
- Complete a Records Request Form (if available) or prepare a written letter specifying the estate file details.
- Include a copy of your government-issued photo ID if the clerk requires identity verification.
- Pay copying fees. North Dakota statute does not fix a uniform fee for certified or uncertified copies; each county sets its own rates. Ask the clerk for the current fee schedule.
- Submit your request in person, by mail, or through the court’s e-filing system if the county offers remote access. Address mail to:
Clerk of District Court
[County Name] County Courthouse
[Street Address]
[City], ND [ZIP Code] - Allow time for processing. Clerks typically respond within 7–10 business days, though times vary by county.
For statutory references, see:
- Public Records: NDCC §44-04-18
- Probate Procedures: Title 30, ND Century Code
Helpful Hints
- Check online dockets first. Some counties offer free online searches for probate cases.
- Ask about certified vs. uncertified copies and their respective fees.
- If you expect large file volumes, request digital copies or view files on a public terminal at the courthouse.
- Keep your request concise. List only the estates you need to avoid extra charges.
- Note that sealed or redacted records require a court order to access.