Free North Dakota Small Estate Affidavit

Complete North Dakota's official NDPC Form 1: Affidavit For Collection Of Personal Property Of The Decedent for estates up to $100,000. N.D.C.C. §§ 30.1-23-01, 30.1-23-02.

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Your Information

The North Dakota affidavit identifies the claiming successor and the basis of entitlement.

Skipping probate?Settle the whole estate in one place.

State Where the Property Is Collected*

The decedent's state. Only states where this tool prepares the affidavit are listed; other states' pages explain their procedure.

Your Full Legal Name*

The successor signing the affidavit.

Your Entitlement to the Property*

Street Address*

City*

State

ZIP Code*

Telephone

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Frequently Asked Questions About North Dakota Small Estate Affidavits

Yes — NDPC Form 1: Affidavit For Collection Of Personal Property Of The Decedent. This tool completes the official form with the estate, successor, and property details.

$100,000, per N.D.C.C. §§ 30.1-23-01, 30.1-23-02. This tool checks the entered estate value against the limit and does not prepare an affidavit for an estate over it.

30 days after the death (N.D.C.C. §§ 30.1-23-01, 30.1-23-02). The affidavit states that the waiting period has elapsed, so it cannot be signed earlier.

A person claiming to be the successor of the decedent — per the Legal Self Help Center instructions, the person entitled to the personal property by will or intestate succession; the affidavit is "made by or on behalf of the successor." N.D.C.C. § 30.1-23-01(1).

The person or entity indebted to the decedent or holding the tangible personal property or instrument (bank, business, or other holder); a transfer agent of any security must change registered ownership on presentation of the affidavit (§ 30.1-23-01(2)). The Self Help Center suggests confirming in advance that the holder will accept the affidavit.

The North Dakota affidavit is signed before a notary (NDPC Form 1 (Rev Aug 2025) signature block and instructions).

The person paying, delivering, transferring, or issuing personal property pursuant to the affidavit is discharged and released to the same extent as if the person dealt with a personal representative, and is not required to see to the application of the property or inquire into the truth of any statement in the affidavit; refusal can be compelled by proceeding, and the recipient is answerable and accountable to any personal representative or person with a superior right (§ 30.1-23-02).

Personal property only — the affidavit reaches sums owed to the decedent, tangible personal property, and instruments evidencing a debt, obligation, stock, or chose in action (§ 30.1-23-01(1)); it does not transfer real property, and the Legal Self Help Center instructions require that no real property be part of the probated estate. The court-proceeding alternative is the § 30.1-23-03 summary administration (formula-based ceiling: homestead + exempt property + family allowance + administration, funeral, and last-illness expenses). N.D.C.C. §§ 30.1-23-01(1), 30.1-23-03.

Small Estate Collection in North Dakota

In North Dakota, the collection of personal property by affidavit is prepared on the state's own NDPC Form 1: Affidavit For Collection Of Personal Property Of The Decedent. It is the instrument that collects a small estate's property without probate administration.

The N.D.C.C. §§ 30.1-23-01, 30.1-23-02 limit is $100,000. The affidavit can be signed 30 days after the death. An estate over the limit is administered through probate instead.

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Frequently Asked Questions About North Dakota Small Estate Affidavits

Yes — NDPC Form 1: Affidavit For Collection Of Personal Property Of The Decedent. This tool completes the official form with the estate, successor, and property details.

$100,000, per N.D.C.C. §§ 30.1-23-01, 30.1-23-02. This tool checks the entered estate value against the limit and does not prepare an affidavit for an estate over it.

30 days after the death (N.D.C.C. §§ 30.1-23-01, 30.1-23-02). The affidavit states that the waiting period has elapsed, so it cannot be signed earlier.

The North Dakota affidavit is signed before a notary (NDPC Form 1 (Rev Aug 2025) signature block and instructions).

Small Estate Collection in North Dakota

The N.D.C.C. §§ 30.1-23-01, 30.1-23-02 limit is $100,000. The affidavit can be signed 30 days after the death. An estate over the limit is administered through probate instead.

Free North Dakota Small Estate Affidavit

Your Information

Frequently Asked Questions About North Dakota Small Estate Affidavits