North Dakota Bank Account After Death

Bank accounts after a death in North Dakota

At death, money in a joint account belongs to the surviving owner, and a payable-on-death account goes to the named beneficiary; the bank pays on a death certificate. For an account in the person's name alone, the successor can use the small estate affidavit after 30 days if the whole estate, minus liens, is $100,000 or less.

Law: N.D.C.C. secs. 30.1-31-09, 30.1-31-15, 30.1-31-16, 30.1-23-01

Source: Official page

Do bank accounts count toward the small estate limit?

Kind of property	How it is treated	Details
Bank accounts in the person's name alone	Counts	Bank accounts in the person's name alone, with no payable-on-death beneficiary, count. Law: N.D.C.C. 30.1-23-01
Joint or payable-on-death (POD) bank accounts	Left out	Joint accounts and payable-on-death accounts pass to the surviving owner or beneficiary and are left out. Law: N.D.C.C. 30.1-31-09

What the bank or holder must do

A holder who pays or delivers property on the affidavit is released as if it dealt with a personal representative and does not have to check the truth of the affidavit. A transfer agent must re-register securities. If the holder refuses, the property can be recovered in a court proceeding.

Law: N.D.C.C. 30.1-23-01(2), 30.1-23-02

FDIC insurance after a death

After a deposit owner dies, FDIC insurance on the account stays the same for six months, unless the account is restructured. After six months, coverage is based on who actually owns the money.

Law: 12 CFR 330.3(j)

Transfer-on-death (TOD) and payable-on-death (POD) in North Dakota

Bank account (POD)

Yes

Law: N.D.C.C. secs. 30.1-31-04, 30.1-31-16

Source: Official page

Death certificates in North Dakota

A complete certified copy (with cause of death and Social Security number) can go to a relative (spouse, parent or guardian, child, grandparent, grandchild or sibling), an authorized representative or by court order. The first certified copy is $15 and each additional copy ordered at the same time is $10. Order online, by mail or by appointment: (701) 328-2360.

Where to get it: North Dakota Department of Health and Human Services, Vital Records
Official page: Official page

Surviving spouse in North Dakota

In a probate case, the surviving spouse is entitled to the homestead, up to $15,000 in household furniture, vehicles, furnishings, appliances and personal effects (exempt property), and a reasonable family allowance; if there is no spouse, minor and dependent children share these. These come before most creditors. North Dakota has no separate spouse-only small estate procedure.

Affidavit for Collection of Personal Property of the Decedent (N.D.C.C. 30.1-23-01)

A sworn statement you give to whoever holds the person's money or belongings, such as a bank, so they pay or deliver it to you. It is not filed with the court.

Limit

Up to $100,000 (deaths on or after August 1, 2025) Counted after subtracting liens (what is owed on the property).

Date of death	Limit
On or after August 1, 2025	$100,000
On or before July 31, 2025	$50,000

The entire estate, wherever located, minus liens and encumbrances, cannot be worth more than $100,000. The limit rose from $50,000 to $100,000 on August 1, 2025.

What counts

The value of the entire probate estate, wherever located, minus liens and encumbrances. Property that passes outside probate (joint tenancy, payable-on-death, beneficiary designations, trusts) is not counted.

Waiting period

At least 30 days must have passed since the death, and no application or petition to appoint a personal representative can be pending or granted anywhere (in any state or tribal court).

Who can use it

The successor: a person entitled to the property under the will or under state inheritance law if there is no will.

Court or where to file

Not filed with a court. You give it to the holder of the property.

Notary

The affidavit must be signed in front of a notary public or a clerk of court.

Papers to attach

Certified copy of the death certificate (holders usually ask for it)
The specific property you are collecting and who holds it, listed in the affidavit

Steps

List everything the person owned and its value on the date of death, and subtract liens.
Wait until at least 30 days after the death.
Ask the holder whether it will accept the affidavit.
Fill in ND Probate Code Form 1 and sign it before a notary or clerk of court.
Give the signed affidavit to the bank, company or person holding the property.

Fee

There is no court filing fee because the affidavit is not filed with the court.

Debts and responsibility

A person who receives property this way must answer and account for it to any personal representative appointed later and to anyone with a better right to it. Filing a false affidavit is a Class A misdemeanor.

What the bank or holder must do

A holder who pays or delivers property on the affidavit is released as if it dealt with a personal representative and does not have to check the truth of the affidavit. A transfer agent must re-register securities. If the holder refuses, the property can be recovered in a court proceeding.

Forms

Law: N.D.C.C. secs. 30.1-23-01, 30.1-23-02 (as amended by 2025 N.D. Sess. Laws ch. 319, H.B. 1224)

Source: Official page

Good to know in North Dakota

North Dakota doubled its small estate affidavit limit from $50,000 to $100,000 effective August 1, 2025.
The affidavit limit covers the entire estate 'wherever located', including property in other states.
North Dakota can recover Medicaid costs from the estate of the recipient's surviving spouse after the spouse dies.

Changes in 2024–2026

H.B. 1224, approved March 19, 2025, effective August 1, 2025: small estate affidavit limit raised from $50,000 to $100,000. Court Form 1 and NDDOT form SFN 2916 updated to $100,000.

Law: 2025 N.D. Sess. Laws ch. 319

Letters to a bank

Use the free tools below to ask a bank for the balance on the date of death or to present a signed small estate affidavit.

Related pages

Free help in North Dakota

A court self-help center or a legal aid office can check whether the estate qualifies, free of charge or at low cost.