Yes, a notary is required.
Signed and dated in front of a notary public or clerk of court.
In the official wording
"This form must be signed & dated in front of a notary public or clerk of court."
From the official pages listed below, checked November 2026.
What else the signing needs
- Value limit
- The entire estate, wherever located, less liens and encumbrances, up to $100,000, with no real property in the probate estate.
"does not exceed $100,000.00"
- Waiting period
- Thirty days after the death.
"Thirty (30) days have elapsed since the death of the decedent."
- Where it goes
- Presented to whoever holds the property; no court filing.
- Official form
- Form 1, Affidavit for Collection of Personal Property of the Decedent. The state courts' self-help form. Open the official form
- Other simplified route
- Small estates summary administrative procedure (30.1-23-03). When the estate after liens is no more than the homestead, exempt property, family allowance, administration, funeral and last-illness costs, the personal representative may distribute without notice to creditors.
Next step
Sign by video with our New Jersey notary while you're in North Dakota, 7 AM to 9 PM Eastern, seven days a week, by appointment. New Jersey law lets a New Jersey notary notarize for a signer located in another state (N.J.S.A. 52:7-10.10). How North Dakota treats it: North Dakota gives a notarial act performed in another state the same effect as if a North Dakota notarial officer performed it, when that state's notary does the act. More on North Dakota signers.
Ask the bank, holder or court that will receive the affidavit whether it accepts an electronically notarized one.
Book an online notarization Request a mobile notary in North Dakota
In person, we look for a notary commissioned in North Dakota near you; you approve the price first.
If a local notary in North Dakota does it: Up to $5 per notarial act, under the state's fee rules (North Dakota notary fees).
Official sources
- N.D.C.C. chapter 30.1-23, Collection by affidavit; small estates (North Dakota Legislature) (checked November 2026)
- North Dakota Courts self-help Form 1, Affidavit for Collection of Personal Property of the Decedent (checked November 2026)
We are not lawyers, and this is general information, not legal advice. Checked November 2026. Rules change, and whoever receives the document decides what it accepts; we can't guarantee acceptance.
Common questions
Is a notary required for a North Dakota small estate affidavit?
Yes, a notary is required. Signed and dated in front of a notary public or clerk of court.
What is the small estate limit in North Dakota?
The entire estate, wherever located, less liens and encumbrances, up to $100,000, with no real property in the probate estate.
How long after a death can the North Dakota affidavit be used?
Thirty days after the death.
Is the North Dakota affidavit filed with a court?
Presented to whoever holds the property; no court filing.
Can I sign the North Dakota affidavit with an online notary?
Our New Jersey notary can notarize it by video while you're in North Dakota. North Dakota gives a notarial act performed in another state the same effect as if a North Dakota notarial officer performed it, when that state's notary does the act. Ask the bank, holder or court that will receive it whether it accepts an electronically notarized affidavit.
What does a notary charge in North Dakota?
Up to $5 per notarial act, under the state's fee rules. A mobile notary may add a travel fee; ask for the total first.
Keep going
- North Dakota small estate affidavit
- Eligibility checker
- Small estate rules in every state
- A power of attorney in North Dakota
- A will in North Dakota
A small estate affidavit in another state: North Carolina · Ohio · every state