Small Estate Affidavit in North Dakota

Thirty days after death, a successor may collect the decedent's personal property (money owed, tangible personal property, stock and similar instruments) by presenting an affidavit stating that the entire estate, wherever located, less liens and encumbrances, does not exceed $100,000; that 30 days have passed since death; that no application or petition for a personal representative is pending or has been granted in any jurisdiction; and that the successor is entitled to the property. Transfer agents must re-register securities on the affidavit. The procedure covers personal property only; real estate cannot be transferred this way. The affidavit is presented to whoever holds the property and is not filed with the court.

North Dakota uses the Uniform Probate Code's informal probate, which can be opened by application to the district court without a hearing; the court must provide forms, and an attorney is not required. If the inventory shows the estate, less liens and encumbrances, does not exceed the homestead, exempt property, family allowance, administration costs, reasonable funeral expenses and last-illness medical expenses, the personal representative may distribute the estate immediately without giving notice to creditors and close it by a sworn closing statement.

If the personal representative publishes notice once a week for three successive weeks and mails notice to known or reasonably ascertainable creditors, claims arising before death are barred unless presented within three months after the first publication and mailing. If notice is not published and mailed, claims are barred three years after death. Claims arising after death must generally be presented within three months after they arise (four months after performance is due for contracts with the personal representative).