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The End of Life Plannerby Valoren

General information · not a substitute for the advice of an attorney.

Free · general informationNorth Dakota

Collection by affidavit in North Dakota

Where North Dakota law lets a smaller estate be settled without full probate, these are the official words on how: who may use the route, what it covers and what the paperwork must say. Whether a particular estate fits is for the court, the bank or company holding the asset, or an attorney in North Dakota; nothing on this page decides it.

  • Every fact dated, in the official words
  • Each state’s own law

Every quotation checked October 24, 2026

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Every quotation on this page is the official body’s own words, as they stood on the day we read them. The date is beside each one.

The statute: the waiting period, who makes the affidavit, and the value limit

Thirty days after the death of a decedent, any person indebted to the decedent or having possession of tangible personal property or an instrument evidencing a debt, obligation, stock, or chose in action belonging to the decedent shall make payment of the indebtedness or deliver the tangible personal property

upon being presented an affidavit made by or on behalf of the successor stating that:

The value of the entire estate subject to distribution or succession under chapters 30.1-01 through 30.1-23, wherever located, less liens and encumbrances, does not exceed one hundred thousand dollars.

Thirty days have elapsed since the death of the decedent.

North Dakota · general information · checked October 24, 2026 · NDCC 30.1-23-01(1)

The court’s own page: nothing filed with a court, the waiting period, real estate, and which form it is

The Affidavit for Collection of Personal Property of the Decedent doesn't require you to file anything with a North Dakota state court.

At least 30 days have passed since the individual died;

No real property (real estate) is part of the probated estate;

The Affidavit for Collection of Personal Property of the Decedent is Form 1 in the guidebook.

North Dakota · general information · checked October 24, 2026 · North Dakota Courts, Legal Self Help Center: Collection of Personal Property Affidavit

The court’s affidavit form: who it is signed before, and who it is handed to

This form must be signed & dated in front of a notary public or clerk of court.

The completed Affidavit is presented to whoever holds the personal property for transfer to the person entitled to receive it.

North Dakota · general information · checked October 24, 2026 · ND Probate Code Form 1

Summary administration: when a personal representative may distribute at once, without notice to creditors

If it appears from the inventory and appraisal that the value of the entire estate, less liens and encumbrances, does not exceed the homestead as defined in section 47-18-01, plus exempt property pursuant to section 30.1-07-01, family allowance, costs and expenses of administration, reasonable funeral expenses, and reasonable and necessary medical and hospital expenses of the last illness of the decedent

the personal representative, without giving notice to creditors, may immediately disburse and distribute the estate

North Dakota · general information · checked October 24, 2026 · NDCC 30.1-23-03

The same page for other states

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FAQ

Common questions

The Affidavit for Collection of Personal Property of the Decedent doesn't require you to file anything with a North Dakota state court.

At least 30 days have passed since the individual died;

No real property (real estate) is part of the probated estate;

The Affidavit for Collection of Personal Property of the Decedent is Form 1 in the guidebook.

North Dakota · general information · checked October 24, 2026 · North Dakota Courts, Legal Self Help Center: Collection of Personal Property Affidavit

This form must be signed & dated in front of a notary public or clerk of court.

The completed Affidavit is presented to whoever holds the personal property for transfer to the person entitled to receive it.

North Dakota · general information · checked October 24, 2026 · ND Probate Code Form 1

Thirty days after the death of a decedent, any person indebted to the decedent or having possession of tangible personal property or an instrument evidencing a debt, obligation, stock, or chose in action belonging to the decedent shall make payment of the indebtedness or deliver the tangible personal property

upon being presented an affidavit made by or on behalf of the successor stating that:

The value of the entire estate subject to distribution or succession under chapters 30.1-01 through 30.1-23, wherever located, less liens and encumbrances, does not exceed one hundred thousand dollars.

Thirty days have elapsed since the death of the decedent.

North Dakota · general information · checked October 24, 2026 · NDCC 30.1-23-01(1)

Thirty days after the death of a decedent, any person indebted to the decedent or having possession of tangible personal property or an instrument evidencing a debt, obligation, stock, or chose in action belonging to the decedent shall make payment of the indebtedness or deliver the tangible personal property

upon being presented an affidavit made by or on behalf of the successor stating that:

The value of the entire estate subject to distribution or succession under chapters 30.1-01 through 30.1-23, wherever located, less liens and encumbrances, does not exceed one hundred thousand dollars.

Thirty days have elapsed since the death of the decedent.

North Dakota · general information · checked October 24, 2026 · NDCC 30.1-23-01(1)

The Affidavit for Collection of Personal Property of the Decedent doesn't require you to file anything with a North Dakota state court.

At least 30 days have passed since the individual died;

No real property (real estate) is part of the probated estate;

The Affidavit for Collection of Personal Property of the Decedent is Form 1 in the guidebook.

North Dakota · general information · checked October 24, 2026 · North Dakota Courts, Legal Self Help Center: Collection of Personal Property Affidavit

The Affidavit for Collection of Personal Property of the Decedent doesn't require you to file anything with a North Dakota state court.

At least 30 days have passed since the individual died;

No real property (real estate) is part of the probated estate;

The Affidavit for Collection of Personal Property of the Decedent is Form 1 in the guidebook.

North Dakota · general information · checked October 24, 2026 · North Dakota Courts, Legal Self Help Center: Collection of Personal Property Affidavit

The Affidavit for Collection of Personal Property of the Decedent doesn't require you to file anything with a North Dakota state court.

At least 30 days have passed since the individual died;

No real property (real estate) is part of the probated estate;

The Affidavit for Collection of Personal Property of the Decedent is Form 1 in the guidebook.

North Dakota · general information · checked October 24, 2026 · North Dakota Courts, Legal Self Help Center: Collection of Personal Property Affidavit

This form must be signed & dated in front of a notary public or clerk of court.

The completed Affidavit is presented to whoever holds the personal property for transfer to the person entitled to receive it.

North Dakota · general information · checked October 24, 2026 · ND Probate Code Form 1

For anyone who would rather their family found it all in one place than went looking.

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