North Dakota executor and estate paperwork checklist

This is an organizer, not legal advice. An estate attorney or the county probate/surrogate office answers questions about your situation.

The first 30 days

Plain steps that apply wherever the person lived, with the small estate dates for this state. Ticks stay on your screen only.

1. Order certified death certificatesThrough the funeral director or the vital records office. Order several: banks, insurers, pension plans and the court may each want one.
2. Check that Social Security has been toldThe funeral home usually reports it. Otherwise call 1-800-772-1213 (TTY 1-800-325-0778), and ask about the $255 lump-sum death payment for a surviving spouse or some children.
3. Track down the willCheck the home, a safe deposit box and the lawyer who drafted it. Leave the original exactly as you found it and work from copies.
4. Protect the propertyChange locks if keys are out, keep insurance paid, and have the mail forwarded so bills and statements reach you.
5. Don't pay bills or hand out belongings yetFirst learn which route fits and who is allowed to act; ask the probate office or an attorney about anything urgent.
6. Stop using the person's power of attorneyA power of attorney ends at the principal's death, so an agent under it can't act for the estate.
7. List what the person owned and owedNote how each asset is held: in the person's name alone, jointly, or with a named beneficiary. Accounts with a beneficiary or joint owner usually pass outside the will.
8. Compare the estate with $100,000That's the small estate figure on this state's official page. Count only what the page says counts.
9. Count 30 days from the deathThat's when the official page says the small estate paperwork can be used.
10. Start the estate ledgerRecord every dollar in and out with a receipt: funeral costs, bills paid, money collected.
11. Once you have authority: EIN and an estate accountThe IRS says you need an EIN before filing the estate's Form 1041, which is due if the estate has more than $600 of gross income in a year.

Sources for the federal steps: Social Security Administration: When someone dies · IRS: Deceased taxpayers, filing the estate income tax return (Form 1041) · power of attorney: Power of attorney at a real estate closing.

The small estate route

• ConfirmedSmall estate 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"

  Source: N.D.C.C. chapter 30.1-23, Collection by affidavit; small estates (North Dakota Legislature), checked November 2026

• ConfirmedReal estate

  Real estate in the person's name alone takes the estate out of this procedure.

  Source: N.D.C.C. chapter 30.1-23, Collection by affidavit; small estates (North Dakota Legislature), checked November 2026

• ConfirmedWaiting period after the death

  30 days. Thirty days after the death.

  "Thirty (30) days have elapsed since the death of the decedent."

  Source: N.D.C.C. chapter 30.1-23, Collection by affidavit; small estates (North Dakota Legislature), checked November 2026

• ConfirmedNotary or oath

  Signed before a notary. Signed and dated in front of a notary public or clerk of court.

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

  Source: N.D.C.C. chapter 30.1-23, Collection by affidavit; small estates (North Dakota Legislature), checked November 2026

• ConfirmedWhere the paperwork goes

  Handed to the bank or other holder. Presented to whoever holds the property; no court filing.

  Source: N.D.C.C. chapter 30.1-23, Collection by affidavit; small estates (North Dakota Legislature), checked November 2026

• ConfirmedOfficial form

  Form 1, Affidavit for Collection of Personal Property of the Decedent. The state courts' self-help form.

  Source: North Dakota Courts self-help Form 1, Affidavit for Collection of Personal Property of the Decedent, checked November 2026

• ConfirmedSimplified court procedure

  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.

  Source: N.D.C.C. chapter 30.1-23, Collection by affidavit; small estates (North Dakota Legislature), checked November 2026

The will at probate

When the will goes to the court, these signing rules are what it is checked against.

• ConfirmedWitnesses the will needed

  Two witnesses who saw the testator sign, or instead a notary public to whom the testator acknowledged the will.

  "At least two individuals, who witnessed the testator sign the Will"

  Source: Wills Research Guide (North Dakota Legal Self Help Center, rev. January 2025), checked November 2026

• Not confirmedSelf-proving affidavit

  Not confirmed — check Wills Research Guide (North Dakota Legal Self Help Center, rev. January 2025).

• ConfirmedIf the will is handwritten

  Recognized if handwritten and signed by the testator. No witnesses needed.

  "hand written by the testator and signed by the testator"

  Source: Wills Research Guide (North Dakota Legal Self Help Center, rev. January 2025), checked November 2026

• Not confirmedA witness who inherits

  Not confirmed — check Wills Research Guide (North Dakota Legal Self Help Center, rev. January 2025).

Documents to gather

• Life insurance policies and annuities
• The last few years of tax returns
• Recent bills, loan and credit card statements
• Pension, Social Security and benefit letters
• Safe deposit box location and keys
• Certified death certificates
• The original will and any codicils
• Deeds and mortgage statements
• Vehicle titles and registrations
• Recent bank, brokerage and retirement statements
• The official small estate form: Form 1, Affidavit for Collection of Personal Property of the Decedent

Who to notify

Credit card companies, Pension or employer, Social Security (if the funeral home hasn't), Banks and credit unions, Brokerage and retirement accounts, Life insurance companies, Utilities and phone, Landlord or mortgage servicer. Write once to each, enclose a death certificate copy, and record the reply.

Documents needed abroad

• ConfirmedA death certificate needed abroad

  Apostilles for this state's documents come from the North Dakota Secretary of State. $10 per authentication, plus $5 per record search. Vital records: First obtain a certified copy from the appropriate North Dakota office.

  Source: North Dakota Secretary of State, checked November 2026

Where to ask

An estate attorney or the county probate/surrogate office answers questions about your situation. Official pages for North Dakota:

• North Dakota Courts self-help Form 1, Affidavit for Collection of Personal Property of the Decedent
• Wills Research Guide (North Dakota Legal Self Help Center, rev. January 2025)

Still to confirm

• Self-proving affidavit: check Wills Research Guide (North Dakota Legal Self Help Center, rev. January 2025)
• A witness who inherits: check Wills Research Guide (North Dakota Legal Self Help Center, rev. January 2025)

General information, not legal, tax or financial advice. We are not lawyers, and MCC Solutions is not a law firm. An estate attorney or the county probate/surrogate office answers questions about your situation. Facts checked November 2026.

Common questions

Related: Executor guide by state · Small estate affidavit details · Estate paperwork help