Small estate affidavit in North Dakota: who can use it and how

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.

Up to $100,000 (deaths on or after August 1, 2025), 30 days after the death, no court filing.

Checked against official sources: October 30, 2026.

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

What counts toward the limit in North Dakota

Add up the date-of-death value of everything in the probate estate, wherever located, and subtract liens and encumbrances. Leave out property that passes outside probate. The court's instructions say the affidavit can be used only if there is no real estate in the probate estate.

Law: N.D.C.C. sec. 30.1-23-01; ND Courts Form 1 instructions

In this state the total is counted after subtracting liens.

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
Cars and other vehicles	Counts	Vehicles in the person's name count. NDDOT accepts its own version of the affidavit (SFN 2916). Law: N.D.C.C. 30.1-23-01; NDDOT SFN 2916
Boats and mobile or manufactured homes	Counts	Boats, mobile homes and other personal property in the person's name count. Law: N.D.C.C. 30.1-23-01
Real estate in North Dakota	Counts	Real estate counts toward the value. The court's instructions say that if there is any real estate in the probate estate, the affidavit cannot be used and a personal representative must be appointed. Law: N.D.C.C. 30.1-23-01; ND Courts Form 1 instructions
Main home (primary residence)	Counts	The home counts as real estate. If it is in the probate estate, the court's instructions say a personal representative must be appointed. Law: N.D.C.C. 30.1-23-01; ND Courts Form 1 instructions
Real estate in another state	Counts	The limit covers the entire estate 'wherever located', so property in other states counts. Law: N.D.C.C. 30.1-23-01(1)(a)
Unpaid wages owed to the person	Counts	Money owed to the person, such as unpaid wages, is part of the estate and counts. Law: N.D.C.C. 30.1-23-01
Military pay owed to the person	Not clear	The law does not separately address military pay owed to the person. Law: N.D.C.C. 30.1-23-01
Life insurance or retirement money paid to a named person	Left out	Insurance paid to a named beneficiary is non-probate property and is left out.
Life insurance or retirement money paid to the estate	Counts	Insurance or retirement money payable to the estate is probate property and counts.
Property in a living trust	Left out	Trust property is non-probate property and is left out.
Property owned jointly with right of survivorship	Left out	Property held in joint tenancy, and life estates, are non-probate property and are left out. Joint-tenancy real estate passes by recording a death certificate with the county recorder.
Property going to a surviving spouse	Counts	Property in the probate estate counts even if it goes to the surviving spouse. Property that passes to the spouse outside probate (joint tenancy, payable-on-death, beneficiary designation) is not counted. Law: N.D.C.C. 30.1-23-01
Stocks, bonds and brokerage accounts	Counts	Stocks and bonds in the person's name alone count. Securities registered with a transfer-on-death beneficiary pass outside probate. Law: N.D.C.C. 30.1-23-01, 30.1-31-29
Furniture, jewelry and other belongings	Counts	Furniture, tools, farm equipment and personal belongings count at fair market value.

Source: Official page

Questions about small estates in North Dakota

How long must I wait to use the affidavit in North Dakota?

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).

What does the affidavit cost in North Dakota?

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

Am I responsible for debts if I use the affidavit 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.