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Will Contest Deadline in North Dakota

In North Dakota, a contest of an informally probated will must be started within the later of 12 months after informal probate or 3 years after death, and a no-contest clause is unenforceable if there was probable cause for the contest.

Last checked . General information, not legal advice.

North Dakota at a glance

Deadline to contest
12 months (or 3 years after death, if later)
Applies to informally probated wills. Most probate proceedings must start within 3 years after death.
Clock starts
Informal probate of the will (or date of death, if later)
No-contest clauses enforced
Yes, unless probable cause existed

Sources

Last checked

The rules in North Dakota

How long do you have to contest a will in North Dakota?

Deadline to contest in North Dakota: 12 months (or 3 years after death, if later). Applies to informally probated wills. Most probate proceedings must start within 3 years after death.

When does the deadline to contest a will start in North Dakota?

Clock starts in North Dakota: Informal probate of the will (or date of death, if later).

Are no-contest clauses in wills enforceable in North Dakota?

Yes, unless probable cause existed. No-contest clauses enforced in North Dakota: yes, unless probable cause existed.

Where do the North Dakota will contest deadlines come from?

The rules above come from N.D.C.C. 30.1-12-08 and N.D.C.C. 30.1-20-05. Each source is linked on this page. We last checked them in October 2026.

What this means in practice

Deadlines for will contests are often short and strictly applied. Knowing exactly which event starts the clock in the state where the will is probated, such as the date of admission, the date notice was mailed, or the date of publication, matters as much as knowing the length of the period.

Only people with a legal stake in the estate can usually contest a will, such as heirs who would inherit without the will or beneficiaries named in an earlier will. A contest also needs a recognized legal ground. Being disappointed with the amount left to you is generally not enough on its own.

A no-contest clause (also called an in terrorem clause) says a beneficiary who challenges the will loses their gift. Whether such a clause is enforced, and whether there is an exception for challenges brought with probable cause or in good faith, depends on state law. Anyone weighing a challenge, and anyone drafting a will, can check the state statute and may want to talk to a probate attorney.

General information, not legal advice. Laws change, and cities can add their own rules, so check the current statute before you rely on it.