North Dakota Small Estate Affidavit

The North Dakota Small Estate Affidavit, also known as the “Affidavit for Collection of Personal Property of the Decedent,” is a form provided by the North Dakota State Court Administrator that permits an authorized individual with the right to collect the assets of a family member (or similar person) that passed away. Relative to other states, North Dakota 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.

Useful Resources

The North Dakota Supreme Court has published a free guidebook, “Informal Administration of an Estate,” that is aimed at supporting citizens to navigate estate proceedings.

Laws & Required Conditions

Laws: Chapter 30.1-23

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.