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Small estate affidavit in North Dakota (2026)

In North Dakota, heirs can collect up to $100,000 without probate with a sworn affidavit (Affidavit for collection of personal property of the decedent (N.D.C.C. 30.1-23-01)). You must wait 30 days after the death. Real estate: not covered. Last checked .

North Dakota at a glance

Affidavit cap
$100,000
Applies to
Current cap since HB 1224 (2025, signed 2025-03-21; no emergency clause, so effective 2025-08-01). The statute has no date-of-death rule.
Value counted
Net value (after liens and encumbrances)
Waiting period
30 days
If there is a will
Can still be used
File with a court
No
Real estate
Not covered
Court shortcut
Small estates summary administrative procedure (personal representative)

Can you use it?

Enter the date of death and the value. Nothing you type leaves your browser.

Enter the date of death and the value

    North Dakota cap for this date of death

    $100,000

    A worked example for North Dakota

    Say a parent who lived in North Dakota died on March 1, 2026, leaving $80,000 in a bank account in their name only and no house. $80,000 is within the $100,000 cap for that date of death, so the family can use the affidavit from March 31, 2026.

    The rules in North Dakota

    • The affidavit. The successor signs the affidavit before a notary or clerk and gives it to whoever holds the personal property. It is not filed with a district court.
    • Cap. Entire estate worth $100,000 or less after liens.
    • What counts. Value of the entire probate estate (subject to distribution or succession), wherever located, less liens and encumbrances.
    • What doesn't count. Non-probate assets are not counted. The court form says the affidavit cannot be used if the probate estate includes real property.
    • Earlier caps. $50,000: before 2025-08-01
    • Waiting period. 30 days after the date of death.
    • Conditions. No application or petition for a personal representative pending or granted in any jurisdiction (including tribal courts per the court form); the successor is entitled to the property by will or intestacy; no real property in the probate estate.
    • Who can sign. A person claiming to be the successor (heir or devisee), or someone on the successor's behalf.
    • Court filing. Not filed with a court; presented to the holder.

    Houses, land and vehicles

    • Real estate. No small-estate procedure for land; per the court guidebook, if the probate estate includes real property a personal representative must be appointed.
    • Vehicles. ND DOT Motor Vehicle Division uses form SFN 2916 (affidavit under 30.1-23-01: estate $100,000 or less, 30 days, no personal representative).

    When the affidavit isn't enough

    If the estate less liens does not exceed the homestead, exempt property, family allowance, administration, funeral and last-illness costs, an appointed personal representative may distribute without notice to creditors and close by sworn statement. No fixed dollar cap.

    Good to know in North Dakota

    • Holders who pay on the affidavit are discharged; recipients are accountable to any later personal representative or person with a superior right (30.1-23-02).
    • HB 1224 effective date is inferred from North Dakota's August 1 default for acts without an emergency clause; the bill page shows signed 2025-03-21.

    Official help and forms

    Sources

    Legal information, not legal advice. Caps and forms change — confirm with the court or the statute before you sign. How we check: methodology.

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