--- title: "Does a Small Estate Affidavit Need a Notary in North Dakota?" description: "North Dakota small estate affidavit: yes, a notary is required. Signed and dated in front of a notary public or clerk of court. With the official source." url: "https://mcc-solutionsnj.com/notary/does-it-need-a-notary/small-estate-affidavit-north-dakota" --- Does it need a notary? · North Dakota # Does a small estate affidavit need a notary in North Dakota? The answer from the state's own pages, what else a small estate affidavit needs to be signed properly here, and how to get it done. ✓ New Jersey commissioned notary, no. 50244803, insured for errors and omissions. [See the credentials](/about/credentials) 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](https://www.ndcourts.gov/Media/Default/legal-resources/legal-self-help/personal-property-affidavit/Form-1-Affidavit-Collection.pdf) 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](https://pub.njleg.gov/bills/2020/PL21/179_.HTM)). 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](/notary/online-notary/north-dakota). Handling an estate from far away? [Estate paperwork help near where the estate is](/notary/estate-paperwork-help-out-of-state). Ask the bank, holder or court that will receive the affidavit whether it accepts an electronically notarized one. [Notarize it online ($50 per session)](/notary/#order) [Request a mobile notary in North Dakota](/notary/mobile-notary-outside-new-jersey?state=North%20Dakota#request) Booking sends a request; we confirm the time and the price before you pay. 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](/notary/fees-by-state/north-dakota)). ## Get it notarized online today Online notary: open now until 9 PM ET · sessions by appointment · times confirmed by email A New Jersey notary can notarize this with you on a video call, wherever you are in the U.S. $50 for the session, $10 for each extra signer. Any other fee shows in the booking form before you confirm. Open 7 am to 9 pm ET, every day, by appointment. **What you need** - A valid government photo ID - A computer or phone with a camera - The unsigned document [Book an online session](/notary/?service=ron#order) Our certificate states the act was performed using communication technology, as New Jersey law requires. [What it must say](/notary/remote-online-notarization-certificate-wording) Most U.S. recipients accept a remotely notarized document; check with whoever will receive it. [What to ask them](/notary/will-my-online-notarization-be-accepted) · [Several signers](/notary/online-notarization-multiple-signers) ## Official sources - [N.D.C.C. chapter 30.1-23, Collection by affidavit; small estates (North Dakota Legislature)](https://ndlegis.gov/cencode/t30-1c23.pdf) (checked November 2026) - [North Dakota Courts self-help Form 1, Affidavit for Collection of Personal Property of the Decedent](https://www.ndcourts.gov/Media/Default/legal-resources/legal-self-help/personal-property-affidavit/Form-1-Affidavit-Collection.pdf) (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](/notary/small-estate-affidavit-north-dakota) - [Eligibility checker](/notary/small-estate-eligibility-checker?state=nd) - [Small estate rules in every state](/notary/small-estate-affidavit-by-state) - [A power of attorney in North Dakota](/notary/does-it-need-a-notary/power-of-attorney-north-dakota) - [A will in North Dakota](/notary/does-it-need-a-notary/will-north-dakota) A small estate affidavit in another state: [North Carolina](/notary/does-it-need-a-notary/small-estate-affidavit-north-carolina) · [Ohio](/notary/does-it-need-a-notary/small-estate-affidavit-ohio) · [every state](/notary/does-it-need-a-notary?doc=small-estate-affidavit) ## Ready to sign? Book a video session. [Book an online notarization](/notary/#order)[Call (908) 444-6373](tel:+19084446373)