Updated September 13, 2023
A North Dakota small estate affidavit is a form allows an heir, successor or beneficiary to petition for assets from a deceased individual’s estate. Using this form bypasses the North Dakota probate court and only applies to estates that involve no real property. Upon presentation of this document, the individual or entity holding the asset has no choice but to relinquish it to the petitioner (also known as the affiant).
Laws
- Days After Death – Thirty (30) days (NDCC, 30.1-23-01(b))
- Maximum Amount ($) – $50,000 (NDCC, 30.1-23-01(a))
- Safe Deposit Box – Affidavits can be used to gain access to a safe deposit box only to look for a will or another document that states the decedent’s wishes regarding the disposal of their body and/or funeral arrangements. (NDCC, 30.1-23-05)
- Signing – The affiant has to sign the form in the presence of a notary public.
- Statutes – North Dakota Century Code, Chapter 30.1-23 (Collection by Affidavit – Administration for Small Estates)
How to File (4 steps)
2. No Personal Representative
3. Complete the Affidavit
Video
How to Write
Download: PDF
(1) Name Of Affiant Attorney Of Firm. The Law Firm representing the Affiant or the Petitioner to the North Dakota Decedent’s property should be established. Whether this is a Law Firm, Partnership, or single Attorney, make sure that the suffix needed to fully define this Entity is recorded as well as the legal name. It is imperative that this Entity’s contact information (address and telephone number) are included during this identification process.
(2) Name Of Attorney. Present the full name of the Attorney working with the North Dakota Affiant in this matter.
(3) North Dakota Affiant Identity. The name of the Petitioner (the North Dakota Affiant) should be dispensed to the declaration.
(4) North Dakota Estate. The entire name of the North Dakota Deceased should be furnished to this document.
(5) North Dakota County. Notice that the state where this petition is being filed has already been set however, the name of the North Dakota County must be presented. Consult the Notary Public obtained for this petition before recording this information as he or she may need to physically document it.
(6) Name Of North Dakota Affiant. The statement made in the first article will require several facts for this petition. The first of which is the full name of the Successor seeking the property from the North Decedent’s estate.
(7) Name Of North Dakota Decedent. Deliver the North Dakota Decedent’s full name.
(8) Date Of North Dakota Dedent’s Death. The North Dakota Decedent’s death certificate will report the exact date when his or her time of death occurred. Furnish the date when the North Dakota Decedent was declared dead where requested.
(9) Reason For Claim To North Dakota Decedent Estate. The North Dakota Affiant should be able to show that he or she has a right to the property sought through this document. Thus, the relationship that was shared between the Deceased and the North Dakota Affiant should be explained in the space provided.
(10) Affiant Claimed Property Of The North Dakota Decedent. The assets, payment, or property sought by the North Dakota Affiant from the estate of the Decedent should be documented in the fifth article. This should be a complete recording of the North Dakota Affiant’s expectations from this petition thus if more room is needed then this information should be continued on an attachment. .
(11) Debt, Obligations, And Commitments Of North Dakota Decedent Estate. The end of this document will provide an area where any encumbrances such as debts and other financial obligations (i.e. to Creditors) placed on the North Dakota Decedent’s estate must be documented. That is, a complete accounting of the North Dakota Decedent’s debts is needed even if this report must be continued on an attachment.
(12) Current Controller Of Estate. The legal name of the Party or Entity currently holding control of the North Dakota Decedent’s estate is required. This will be the Entity that will be sought to comply with this petition and release the property expected by the North Dakota Affiant from the Decedent’s estate.
(13) North Dakota Affiant Signature. The North Dakota Affiant must personally sign this document in the presence of a Notary Public.
(14) Affiant Address And Telephone Number.
(15) Notary Public. The notarization process will aid in establishing the identity of the Person who signed this petition as the North Dakota Affiant behind it. Proof of this process will be demonstrated in the area immediately following the North Dakota Affiant’s signature area.
