Updated September 7, 2026. Quick answer: North Dakota charges a flat $160.00 statewide to file a probate, guardianship, or other testamentary case.
If a trust could save your estate this fee in North Dakota
A living trust avoids probate entirely in North Dakota, which means the estate skips the $160.00 above along with every other cost the court charges once a case is open. LawDepot builds a state-specific one.
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What North Dakota charges to open probate
This is a flat fee in North Dakota: $160.00 is what it costs whether the estate is worth $40,000 or $4,000,000.
| Filing fee, probate/testamentary case (flat, statewide) | $160.00 |
| Total to open the estate | $160.00 |
| Fee whether the estate is $40,000 or $4,000,000 | same $160.00 (flat, doesn’t scale) |
Where this money goes and who sets it
The authority for this figure is N.D.C.C. § 27-05.2-03; North Dakota Court Fee Schedule, effective July 1, 2025. In the source’s own words: “For filing probate, guardianship, or any other testamentary case (Title 30.1) ……………………………………………………………………………………………$160”
What this fee doesn’t cover
Because North Dakota’s fee is flat, it doesn’t rise as the estate grows, but it also doesn’t shrink for a small, simple estate the way a percentage-based state’s fee would. Either way, this is the court’s own charge just to open the file and issue letters, separate from what an attorney charges to actually handle the estate and separate from any state estate or inheritance tax the estate itself might owe.
Sources
Source: N.D.C.C. § 27-05.2-03; North Dakota Court Fee Schedule, effective July 1, 2025.