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.

Papers most holders ask for
Papers for this procedure: Affidavit for Collection of Personal Property of the Decedent (N.D.C.C. 30.1-23-01)
Other formats

Your checklist

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 deathLimit
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
  1. List everything the person owned and its value on the date of death, and subtract liens.
  2. Wait until at least 30 days after the death.
  3. Ask the holder whether it will accept the affidavit.
  4. Fill in ND Probate Code Form 1 and sign it before a notary or clerk of court.
  5. 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
Form
SFN 2916 Affidavit for Collection of Personal Property of the Decedent (4-2026)
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

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.