Updated September 7, 2026. Quick answer: In North Dakota, you have the later of 12 months from informal probate or 3 years from the date of death to contest a will that has already been admitted to probate, running from whichever of those two events is later.
How long do you have to contest a will in North Dakota?
| Deadline to contest an admitted will | the later of 12 months from informal probate or 3 years from the date of death |
| What starts the clock | whichever of those two events is later |
| Dedicated will-contest statute? | Yes |
“No informal probate or appointment proceeding or formal testacy or appointment proceeding…may be commenced more than three years after the decedent’s death, except…A proceeding to contest an informally probated will and to secure appointment of the person with legal priority for appointment in the event the contest is successful may be commenced within the later of twelve months from the informal probate or three years from the decedent’s death.”
Source: N.D.C.C. § 30.1-12-08(3)
What makes North Dakota different
North Dakota mirrors New Mexico’s Uniform Probate Code formula almost exactly, and separately guarantees creditors a floor of at least 4 months after death even against an otherwise shorter limitations period. The controlling authority is N.D.C.C. § 30.1-12-08(3), and the window runs from whichever of those two events is later.
What happens once this deadline passes?
Once the window above closes, North Dakota’s probate of the will generally becomes final and binding on everyone who had the chance to object, subject only to the tolling or discovery exceptions described above; a separate objection North Dakota allowed at the original probate hearing does not reopen or extend it.
Sources
| Statute / rule | N.D.C.C. § 30.1-12-08(3) |
| North Dakota courts (general reference) | North Dakota judicial branch |
| Confidence | High |
Every statute or rule quoted on this North Dakota page was read directly from the state’s own legislature/court/code site this session, or, where that site blocked automated access, from a reputable legal-citation mirror quoting the same official text with its official citation (disclosed below). General information, not legal advice; whether a specific contest is still timely can turn on facts (exactly when notice was given, how the will was probated, whether a disability applies) that only your own North Dakota probate court file can confirm.