What to gather for a small estate in North Dakota
Pick a procedure and check off what you already have. Download or print the list to take with you.
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$100,000On or before July 31, 2025$50,000The 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.
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
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
Car or vehicle title after a death in North Dakota
A successor can transfer a vehicle using NDDOT's version of the small estate affidavit (SFN 2916), signed before a notary at least 30 days after the death, stating the whole estate, minus liens, is $100,000 or less and no personal representative has been appointed. If a personal representative was appointed, the representative signs the title.
Law: N.D.C.C. sec. 30.1-23-01; NDDOT SFN 2916
- Agency
- North Dakota Department of Transportation (NDDOT), Motor Vehicle Division
- Waiting period
- 30 days after the death
- Fee
NDDOT charges its title fee.
Source: 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.
Related pages
- Small estate affidavit in North Dakota
- Car title after a death in North Dakota
- Bank accounts after a death in North Dakota
- House without probate in North Dakota
- Small estate checker for North Dakota
- Letter to a bank in North Dakota
- Balance request letter for North Dakota
- All about small estates in North Dakota
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.
- Legal Services of North Dakota
- State Bar Association of North Dakota: Lawyer Referral
- ND Courts Legal Self Help Center: Affidavit for Collection of Personal Property of the Decedent
- ND Courts: Informal Probate
- ND Courts: Informal Administration of an Estate guidebook
- LawHelp.org
- Legal Services Corporation (LSC) - Find legal aid
- Eldercare Locator · 1-800-677-1116
- Consumer Financial Protection Bureau (debt collection and mortgage complaints) · (855) 411-2372