North Dakota Small Estate Affidavit

Relative to other states, North Dakota does not have many state-mandated requirements for a North Dakota Small Estate Affidavit to be filed by a Successor of a deceased individual to obtain their small estate that must be valued at $50,000 at most. Officially named the “Affidavit for Collection of Personal Property of the Decedent”, once this two-page document is completed and notarized, the Successor is permitted to present it to anyone who holds the personal property that forms part of the Decedent’s estate.

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 thirty (30) days have elapsed since the Decedent’s death before filing the Affidavit,
  2. Real property is not part of the small estate case, and
  3. A personal representative has not nor will be elected.