Filing Fee Waiver Instructions And Forms

There are all sorts of forms executors, beneficiaries, and probate court clerks have to fill out and correspond with during probate and estate settlement, including affidavits, letters, petitions, summons, orders, and notices.

Filing Fee Waiver Instructions And Forms is a commonly used form within North Dakota. Here’s an overview of what the form is and means, including a breakdown of the situations when (or why) you may need to use it:

Atticus Fast Facts About Filing Fee Waiver Instructions And Forms

Sometimes it’s tough to find a quick summary— here’s the important details you should know about Filing Fee Waiver Instructions And Forms:

• This form pertains to the State of North Dakota

Government forms are not typically updated often, though when they are, it often happens rather quietly. While Atticus works hard to keep this information about North Dakota’s Form Filing Fee Waiver Instructions And Forms up to date, certain details can change from time-to-time with little or no communication.

Step 1 - Download the correct North Dakota form based on the name and ID if applicable

Double check that you have both the correct form name and the correct form ID. Some North Dakota probate forms can look remarkably similar, so it’s best to double, even triple-check that you’re using the right one! Keep in mind that not all States have a standardized Form ID system for their probate forms.

Step 2 - Complete the Document

Fill out all relevant fields in Form Filing Fee Waiver Instructions And Forms, take a break, and then review. Probate and estate settlement processes in ND are long enough to begin with, and making a silly error can push your timeline even farther back. No thank you!

Note: If you don’t currently know all of the answers and are accessing Form Filing Fee Waiver Instructions And Forms online, be sure to avoid closing the browser tab and potentially losing all your progress (or use a platform like Atticus to help avoid making mistakes).

Step 3 - Have Form witnessed or notarized (if required)

Some States and situations require particular forms to be notarized. If you have been instructed to get the document notarized or see it in writing on the document, then make sure to hire a local notary. There are max notary fees in the United States that are defined and set by local law. Take a look at our full guide to notary fees to make sure you aren’t overpaying or getting ripped off.

Step 4 - Submit Filing Fee Waiver Instructions And Forms to the relevant office

This is most often the local probate court where the decedent (person who passed away) is domiciled (permanently resides) or the institution involved with this particular form (e.g. a bank). Some offices allow you to submit forms online, other’s don’t, and we while we generally recommend going in-person to expedite the process, sometimes that simply isn’t an option.

It’s also a generally good idea to establish a positive working relationship with any probate clerk (unfortunately there’s enough people & process out there making things more difficult and unnecessarily confusing for them), so a best practice is to simply ask the probate clerk proactively exactly how and where they’d prefer you to submit all forms.

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Different probate forms or processes can require different deadlines or response times for completing the appropriate form.

While some steps in the process are bound to specific deadlines (like petitioning for probate, having to submit an inventory of assets, or filing applicable notices to creditors and beneficiaries), many probate forms or processes are not tied to a specific deadline since the scope of work can vary based on situational factors or requirements involved.

Either way, there are a bunch of practical reasons why personal representatives should work to complete each step as thoroughly and quickly as possible when completing probate in North Dakota.

5 reasons you should submit this form as quickly as possible:

1. The sooner you begin, the faster North Dakota can allow heirs and beneficiaries to get their share of assets subject to probate. Acting promptly can also decrease the costs & overall mental fatigue through an otherwise burdensome process.
   
   Helpful Context: What’s the Difference Between Probate and Non-Probate Assets?

2. In general, creditors of an estate usually have around 3-6 months from the time you file notice to creditors to file any claims for debt against the deceased’s assets. If they don’t, then that debt is forfeited (and more importantly, the executor won’t be held personally responsible). So doing this sooner means you have a better idea of who is owed what and ensures you won’t get a surprise collector months later.

3. Not filing a will within 30 days (on average) could mean that the probate process proceeds according to intestate laws (laws that govern what happens to someone's stuff without a will) or is subject to unnecessary supervision by the probate court. And if you aren't directly related to the deceased (a.k.a. next of kin), this could also mean you lose your inheritance.

4. It’s important to file any necessary state tax returns on behalf of the deceased or estate by the following tax season in North Dakota. If you don’t, you could owe penalties and interest. This also includes any necessary federal tax returns such as Forms 1040, 1041, or even a Form 706 estate tax return.

5. If a house in the State of North Dakota is left empty (or abandoned) for a while, insurance can get dicey. For example, if the house burns down and no one has been there for a year, an insurance company may get out of paying your claim.

If you’re not using Atticus to get specific forms, deadlines, and timelines for North Dakota probate, then try and stay as organized as possible, pay close attention to the dates mentioned in any correspondence you have with the State’s government officials, call the local North Dakota probate clerk or court for exact answers regarding Form Filing Fee Waiver Instructions And Forms, and when in doubt— consult a qualified trust & estates lawyer for that area.

Filing Fee Waiver Instructions And Forms is one of the many probate court forms available for download through Atticus.

It may also be available through some North Dakota probate court sites, such as . In order to access the latest version, be updated with any revisions, and get full instructions on how to complete each form, check out the Atticus Probate & Estate Settlement software or consider hiring a qualified legal expert locally within North Dakota.

While Atticus automatically provides the latest forms, be sure to choose the correct version of Form Filing Fee Waiver Instructions And Forms f using any other site or resource in order to avoid having to re-complete the form process and/or make another trip to the North Dakota probate court office.

Filing Fee Waiver Instructions And Forms is a .pdf, so opening it should be as simple as clicking “View Form” from within the Atticus app or by clicking the appropriate link found on any North Dakota-provided government platform. Once you’ve opened the form, you should be able to directly edit the form before saving or printing.

Here’s the text, verbatim, that is found on North Dakota Form Filing Fee Waiver Instructions And Forms. You can use this to get an idea of the context of the form and what type of information is needed.

Filing Fee Waiver Page 1 of 7 Instructions/Rev Apr 2020 Instructions and Forms for Petition for Waiver of Fees (Based on inability to pay.) *For civil cases and Small Claims Court cases ONLY* IMPORTANT! READ BEFORE USING THIS PACKET ND Legal Self Help Center staff and court employees can’t help you fill out the forms in this packet. If you’re unsure how to proceed, consult a lawyer. To protect your rights, carefully read this information and any instructions to which you’re referred. You may go to court without a lawyer, but you follow the state or federal laws that apply to your case, the appropriate court rules, including North Dakota Rules of Civil Procedure, North Dakota Rules of Court, North Dakota Administrative Rules and Orders, and any local court rules. Links to the rules and state laws can be found at www.ndcourts.gov. A glossary with definitions of legal terms is available at www.ndcourts.gov/legal- self-help. This information is not a complete statement of the law. This covers basic procedure for asking a North Dakota state district court to waive the civil filing fees in a North Dakota state district court case or a North Dakota Small Claims Court case. If the forms do not fit your circumstances, consult a lawyer. There is no guarantee that all judges and courts will accept forms available through the ND Legal Self Help Center. Use at your own risk. North Dakota state district court and Small Claims Court case records are generally available to the public, and anyone can request to look at the case records in almost any court case. This packet of forms to waive filing fees is filed as a public case record, which means anyone can request to look at the forms you file. Filing Fee Waiver Page 2 of 7 Instructions/Rev Apr 2020 Important Notices Warning: you can’t use these forms unless you’re unable to afford the civil filing fee.  Every person who appears in court without a lawyer is expected to know and follow the laws, rules and procedures, even if you don’t understand the laws, rules or procedures.  ND Legal Self Help Center staff and Court staff can’t help you fill out the form(s) in this packet.  You must fill out all forms included with this packet and you must follow the instructions included with this packet.  Consult a lawyer if you don’t know how to answer the questions on these forms or if you think the other party will hire a lawyer. o The North Dakota Court System website lists all lawyers who are licensed to practice law in North Dakota. You can narrow your search by name or location. o Legal Services of North Dakota is a non-profit organization, providing free legal assistance to North Dakota residents in a variety of matters based on income. Legal Services of North Dakota can also determine whether you meet the income requirements for the Volunteer Lawyers program which offers low-cost legal assistance based on income.  The website is legalassist.org.  The phone number for under age 60 is (800) 634-5263.  The phone number for age 60 and older is (866) 621-9886. o The State Bar Association of North Dakota provides a lawyer referral service to match paying clients in need of legal services with lawyers. A referral includes a lawyer's name, phone number and up to a 30-minute consultation with the lawyer in the area of law of your choice and town or county of your choice. The charge for a referral is $30.  The website is sband.org .  The phone number is (866) 450-9579.  Type your answers or print neatly using dark ink. (Hand-written forms must be readable.) Filing Fee Waiver Page 3 of 7 Instructions/Rev Apr 2020 INSTRUCTIONS STEP ONE: FILL OUT THE PETITION FOR WAIVER OF FILING FEES (Form 1) Fill out the “Petition for Waiver of Filing Fees” form (FORM 1) included in this packet. This form asks the court to permit you to file your action without paying the required filing fee. FILLING IN THE TOP PART OF THE FORM (this is known as “the caption”): 1. Write the name of the county where your case is located and the civil or small claims case number which is also called the “Court file number.” • For a map of Judicial Districts, go to www.ndcourts.gov/court-locations . Counties are within the Judicial District. 2. On the line marked “Plaintiff’s name,” write the name of the plaintiff. 3. On the line marked “Defendant’s name,” write the name of the defendant. 4. For Paragraph 1, if you’re the Plaintiff in the case, put a  in the “Plaintiff” checkbox. If you’re the Defendant in the case, put a  in the “Defendant” checkbox. 5. For Paragraph 2, put a in the checkbox that matches your selection in Paragraph 1. DATE AND SIGN THE PETITION FOR WAIVER OF FILING FEES. (This space left intentionally blank.) Filing Fee Waiver Page 4 of 7 Instructions/Rev Apr 2020 STEP TWO: FILL OUT THE AFFIDAVIT IN SUPPORT OF PETITION FOR WAIVER OF FILING FEES (Form 2) Fill out the “Financial Affidavit in Support of Petition for Waiver of F iling Fees” form (Form 2) included in this packet. This form tells the Court your financial circumstances, which make it hardship for you to pay the filing fee. FILLING IN THE TOP PART OF THE FORM (the caption): Fill in the top part of the form the same way you f illed out the top of your Petition for Waiver of Fi ling Fees form (Form 1) in Step 1. FILLING OUT THE REST OF THE FORM: You MUST answer questions in P aragraphs 1 through 4. Then provide the following information: Paragraph 1: Fill in your full name in the space provided. Paragraph 2 – Assets: In the first table, tell the Court the current amounts of: • Cash you have on hand; • Money deposited in financial institutions; • Stocks and bonds; and • Total amounts of cash, money deposited in financial institutions, and stocks and bonds. In the second table, list all other assets and each asset’s approximate value. Total the values of each asset you list. Attach additional sheets if necessary and indicate that you have done so on the form. At the end of Paragraph 2, provide the court with a total of the value of all of your assets listed in the two tables. Paragraph 3 – Liabilities: Tell the court about your debts. List each debt separately, naming the creditor, the unpaid balance and the monthly payment. Attach additional sheets if necessary and indicate that you have done so on the form. At the end of Paragraph 3, provide the court with a total amount of all of your debts. Filing Fee Waiver Page 5 of 7 Instructions/Rev Apr 2020 Paragraph 4 – Income: Tell the court about your monthly income and your spouse’s monthly income. Write an amount for each category, even if the amount is “0.” However, if you don’t have a spouse, t ype or write “N/A” in each category in the “Spouse’s Income” row. You may find the information requested on a pay stub, W-2 form, or your most recent income tax return. List all deductions taken from your pay check or gross income. If you do not have a deduction for health insurance, for example, place a 0 on that line. For “Total Deductions,” provide the total of all of the deductions. For “Net Income,” subtract the “Total Deductions” total from the “Gross Income” total. At the end of Paragraph 4, tell the court the how often you are paid. Do the same for your spouse if you have one. If you don’t have a spouse, type or write “N/A.” Paragraph 5 – Expenses: Tell the court about your monthly expenses, and the expenses of other members of your household. Write an amount you spend each month for the category provided. If you don’t have an expense for a category, type or write 0. At the end of Paragraph 5, provide the court with a total of your necessary monthly living expenses. Paragraph 6, Date and Signature: Read Paragraph 6 carefully! By signing your name, you are telling the Court that everything you included in this affidavit is true and correct, and you have a good faith reason for your requests. If you’re not telling the truth, or if you’re misleading the Court, or if you’re filing this affidavit for an improper purpose, the Court could find you in contempt or you may be prosecuted for perjury. You MUST fill in the name of the City, County, State and Country where you’re physically located when you sign the affidavit. Sign your name. Fill in your printed name, address, telephone number, and email address. Filing Fee Waiver Page 6 of 7 Instructions/Rev Apr 2020 STEP THREE: FILL OUT THE ORDER WAVING FILING FEES (Form 3) Fill out the Order Waiving Filing Fees form (Form 3) i ncluded in this packet. This is your proposed order for the Court to sign. If t he Court grants your petition and waives the filing fee, the Court will sign an order. If the Court grants your petition, the Court will also decide whether to use your proposed order. FILLING IN THE TOP PART OF THE FORM (the caption): Fill in the top part of the Order Waiving Filing Fees form (Form 3) the same way you did on your Petition for Waiver of Filing Fees form (Form 1) in Step 1. Paragraph 1: If you’re the Plaintiff in the case, put a  in the “Plaintiff” checkboxes. If you’re the Defendant in the case, put a  in the “Defendant” checkboxes. DON’T sign this form. Proceed to step 4. STEP FOUR: MAKES COPIES OF COMPLETED FORMS Make one copy each of the completed “Petition for Waiver of Filing Fees (Form 1) and completed Financial Affidavit in Support of Petition for Waiver of F iling Fees (Form 2). Keep the copy of each form for yourself. Step 5 tells you what to do with the originals of the forms. (This space left intentionally blank.) Filing Fee Waiver Page 7 of 7 Instructions/Rev Apr 2020 STEP FIVE: FILE THE FORMS WITH THE DISTRICT COURT Take the original of the “Petition for Waiver of Filing Fees form (Form 1), the Financial Affidavit in Support of Petition for Waiver of Filing Fees (Form 2), and the Order Waving Filing Fees (Form 3) to the Clerk of Court’s Office in the county where your civil case or Small Claims Court case is located. Tell the Clerk of Court that you wish to file the documents. You may file the forms at the same time you file your documents that generate the filing fee. STEP SIX: WAIT TO SEE HOW THE COURT DECIDES YOUR PETITION The court will notify you if you can proceed without paying the filing fees by sending a signed copy of an order to you. If the Court grants your petition and uses your proposed order, you’ll receive a copy of the completed and signed Order Waiving Filing Fees form. If the Court grants your petition, but doesn’t use your proposed order, you’ll receive a copy of the Court’s order. If you requested waiver of filing fees and the Court grants your petition, you’ll be able to proceed without paying the filing fees. If the Court doesn’t grant your petition, you’ll receive a copy of the Court’s order denying your petition. You’ll have to pay the filing fees before your documents can be filed in the case. NDLSHC Page 1 of 1 Form 1/Rev Apr 2020 STATE OF NORTH DAKOTA IN DISTRICT COURT COUNTY OF _____________________ ____________________ JUDICIAL DISTRICT (County where case is filed) (If unknown, leave blank) ) _______________________________ ) Civil No. ______________________ (Plaintiff’s name) PETITIONER, ) (Filled in by Clerk of Court) ) v. ) PETITION FOR WAIVER OF FILING FEES ) _______________________________ ) (Defendant’s name) RESPONDENT. ) 1. COMES NOW, the Plaintiff Defendant (choose one), and petitions the Court under Section 27-01-07 of the North Dakota Century Code for an Order waiving the filing fee in the above matter. 2. This petition is based upon the Plaintiff’s Defendant’s (choose same option as Paragraph 1) inability to pay the filing fee as more fully appears in the attached Financial Affidavit in support of Petition for Waiver of Filing Fees. Dated: _________________________________ ________________________________________________ Signature Printed Name Address City, State, Zip Code Telephone Number ________________________________________________ Email Address Filing Fee Waiver Page 1 of 4 Form 2/ Rev Apr 2020 STATE OF NORTH DAKOTA IN DISTRICT COURT COUNTY OF _____________________ ____________________ JUDICIAL DISTRICT (County where case is filed) (If unknown, leave blank) ) _______________________________ ) Civil No. ______________________ (Plaintiff’s name) PETITIONER, ) (Filled in by Clerk of Court) ) v. ) FINANCIAL AFFIDAVIT IN SUPPORT OF ) PETITION FOR WAIVER OF FILING FEES _______________________________ ) (Defendant’s name) RESPONDENT. ) 1. My name is ________________________________________ (name of individual petitioning for waiver of filing fees). I understand that I must tell the truth. 2. ASSETS. I have cash on hand: $ I have on deposit in financial institutions: $ I have stocks and bonds in the amount of: $ Total $ Other assets and approximate value (list): ITEM VALUE IN POSSESSION OF $ $ $ $ $ $ $ Total $ Total Assets: $________________________ Filing Fee Waiver Page 2 of 4 Form 2/ Rev Apr 2020 3. LIABILITIES. CREDITORS UNPAID BALANCE MONTHLY PAYMENT $ $ $ $ $ $ $ $ $ $ $ $ $ $ Total $ $ Total Liabilities: $________________________ 4. INCOME. My monthly income, and that of my spouse, is as follows: MY INCOME SPOUSE’S INCOME GROSS INCOME $ $ DEDUCTIONS $ $ FEDERAL TAX $ $ FICA $ $ MEDICARE $ $ STATE TAX $ $ HEALTH INSURANCE $ $ RETIREMENT $ $ SAVINGS $ $ OTHER $ $ TOTAL DEDUCTIONS $ $ NET INCOME $ $ My pay period is every _____________________________. My spouse’s pay period is every _____________________________. Filing Fee Waiver Page 3 of 4 Form 2/ Rev Apr 2020 5. EXPENSES. My current monthly expenses to support myself and my child(ren) are as follows: HOUSE/RENT PAYMENT $ GAS/ELECTRICITY $ HOMEOWNER’S/RENT INSURANCE $ WATER $ TELEPHONE $ CABLE/SATELLITE TELEVISION $ INTERNET $ FOOD AND HOUSEHOLD ITEMS $ CLOTHING $ LAUNDRY $ LIFE INSURANCE $ AUTOMOBILE INSURANCE $ TRANSPORTATION $ CHILD CASE $ SCHOOL EXPENSES $ UNREIMBURSED MEDICAL, DENTAL, OPTICAL $ NEWSPAPER AND MAGAZINES $ DONATIONS $ ENTERTAINMENT $ OTHER: $ OTHER: $ OTHER: $ OTHER: $ OTHER: $ Total $ Filing Fee Waiver Page 4 of 4 Form 2/ Rev Apr 2020 6.I state, under penalty of perjury under the law of North Dakota, that everything I stated in the Financial Affidavit in Support of Petition for Waiver of Filing Fees is true and correct. Signed on _________________________, 20___, in ________________________ (city), ________________________ County, _______________ (state), ________________ (country). ________________________________________________ Signature Printed Name Address City, State, Zip Code Telephone Number ________________________________________________ Email Address Filing Fee Waiver Page 1 of 1 Form 3/ Rev Apr 2020 STATE OF NORTH DAKOTA IN DISTRICT COURT COUNTY OF _____________________ ____________________ JUDICIAL DISTRICT ) _______________________________ ) Civil No. ______________________ PETITIONER, ) ) v. ) ORDER WAIVING FILING FEES ) _______________________________ ) RESPONDENT. ) 1.The Court duly considered the Plaintiff’s Defendant’s (choose one), Petition for Waiver of Filing fees and Financial Affidavit seeking a waiver of the filing fee under Section 27- 01-07 of the North Dakota Century Code in the above matter and it appearing to the Court that the Plaintiff Defendant (choose same option as above) is unable to pay such filing fee; 2.IT IS HEREBY ORDERED that the filing fee in the above matter be waived and that the Clerk of District Court cause the same to be filed without a filing fee. BY THE COURT : Judge of District Court