North Dakota Small Estate Affidavit (Form 1)

• Maximum Amount: $100,000, the value of the estate, net of liens and encumbrances.^[1]
• Signing Requirements: A sworn affidavit.^[2]
• Where to File: Not filed with the court, presented directly to the person or institution holding the asset.^[3]
• When to File: 30 days after death.^[4]
• Survivor Requirements: A rightful heir must survive the decedent by at least 120 hours (5 days).^[5]

If the decedent did not have a will, the beneficiary hierarchy is as follows:

• Spouse: The surviving spouse receives the entire estate. North Dakota guarantees the spouse a first share of at least $150,000, which is more than the $100,000 small estate limit.^[6]
• No Spouse, Children: If there is no surviving spouse, the estate passes to the decedent’s descendants, with a deceased child’s share passing to that child’s descendants.^[7]

Step 1 – Wait 30 Days

At least 30 days must pass after the decedent’s death before the affidavit may be used.^[8]

Step 2 – Confirm the Estate Qualifies

The estate (net of liens and encumbrances) must be $100,000 or less, the estate must contain no real property, and no personal representative may be pending or appointed in any jurisdiction.^[9]

Step 3 – Complete the Affidavit

Complete the Affidavit for Collection of Personal Property of the Decedent (the North Dakota Courts Form 1), stating the four required facts.^[10]

Step 4 – Sign the Affidavit

Execute the affidavit as a sworn statement.^[11]

Step 5 – Present the Affidavit to the Asset Holder

Present the affidavit to the bank, debtor, or transfer agent holding the property to obtain payment or transfer.^[12]