North Dakota Small Estate Affidavit Form

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The North Dakota Small Estate Affidavit, also known as the “Affidavit for Collection of Personal Property of the Decedent,” is a form that permits an individual with the right to collect the assets of a family member (or similar person) that passed away. Relative to other states, ND does not have many state-mandated requirements for the filing of affidavits. However, the decedent (person that died), cannot have had an estate valued at more than $50,000 in order to use the form. Once the two (2) page document is completed and notarized, the successor (person completing the form) is permitted to present it to anyone who holds the personal property that forms part of the decedent’s estate, who are then required to give up the possessions by law.

Laws: Chapter 30.1-23

Requirements

Maximum Estate Value: $50,000

Required Conditions: Including the fact that the estate must carry a maximum value of $50,000, there are only three (3) other major conditions that a successor must respect:

  1. The successor must wait until at least thirty (30) days have elapsed since the death of the decedent.
  2. No real property is included in the small estate case.
  3. A personal representative has not, and will not be, elected.

Guidebook

ND Informal Administration of an Estate Guidebook.pdf – Provided by the North Dakota Supreme Court for helping citizens navigate estate proceedings.