---
title: "North Dakota Executor Checklist: First 30 Days | MCC"
description: "North Dakota executor checklist: first 30 days, up to $100,000 small estate limit, 30-day wait, notarized affidavit, 2 will witnesses, official court links."
url: "https://mcc-solutionsnj.com/notary/north-dakota-executor-checklist"
---

Executor checklist · North Dakota

# North Dakota executor and estate paperwork checklist

The first 30 days, the small estate route, the will at probate, and the official pages to ask, from this state's own court and statute pages.

**Quick answer.** In the first 30 days, an executor in North Dakota orders certified death certificates, finds the original will, secures the home, car and mail, lists what the person owned and owed, and holds off on paying debts until it's clear who has authority. For the small estate route, North Dakota's official pages give a limit of up to $100,000, a 30-day wait after the death and a notarized affidavit; the paperwork goes to the bank or other holder.

✓ New Jersey commissioned notary, no. 50244803, insured for errors and omissions. [See the credentials](/about/credentials)

**Short answer.** North Dakota: up to $100,000 small estate limit; 30-day wait; notarized affidavit; handed to the bank or holder; 2 will witnesses; self-proving affidavit allowed. 11 of 11 state facts below are confirmed on official pages.

**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.

- **Order certified death certificates**Through the funeral director or the vital records office. Order several: banks, insurers, pension plans and the court may each want one.
- **Check that Social Security has been told**The 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.
- **Track down the will**Check the home, a safe deposit box and the lawyer who drafted it. Leave the original exactly as you found it and work from copies.
- **Look at the last pages of the will**A sworn statement signed by the witnesses before an officer may be attached; what this state says about it is below.
- **Protect the property**Change locks if keys are out, keep insurance paid, and have the mail forwarded so bills and statements reach you.
- **Don't pay bills or hand out belongings yet**First learn which route fits and who is allowed to act; ask the probate office or an attorney about anything urgent.
- **Stop using the person's power of attorney**A power of attorney ends at the principal's death, so an agent under it can't act for the estate.
- **List what the person owned and owed**Note 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.
- **Compare the estate with $100,000**That's the small estate figure on this state's official page. Count only what the page says counts.
- **Count 30 days from the death**That's when the official page says the small estate paperwork can be used.
- **Start the estate ledger**Record every dollar in and out with a receipt: funeral costs, bills paid, money collected.
- **Once you have authority: EIN and an estate account**The 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](https://ssa.gov/personal-record/when-someone-dies) · [IRS: Deceased taxpayers, filing the estate income tax return (Form 1041)](https://www.irs.gov/individuals/deceased-taxpayers-filing-the-estate-income-tax-return-form-1041) · power of attorney: [Power of attorney at a real estate closing](/notary/guides/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" Sources: [N.D.C.C. chapter 30.1-23, Collection by affidavit; small estates (North Dakota Legislature)](https://ndlegis.gov/cencode/t30-1c23.pdf); [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
- #### ConfirmedReal estate Real estate in the person's name alone takes the estate out of this procedure. Sources: [N.D.C.C. chapter 30.1-23, Collection by affidavit; small estates (North Dakota Legislature)](https://ndlegis.gov/cencode/t30-1c23.pdf); [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
- #### ConfirmedWaiting period after the death 30 days. Thirty days after the death."Thirty (30) days have elapsed since the death of the decedent." Sources: [N.D.C.C. chapter 30.1-23, Collection by affidavit; small estates (North Dakota Legislature)](https://ndlegis.gov/cencode/t30-1c23.pdf); [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
- #### 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." Sources: [N.D.C.C. chapter 30.1-23, Collection by affidavit; small estates (North Dakota Legislature)](https://ndlegis.gov/cencode/t30-1c23.pdf); [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
- #### ConfirmedWhere the paperwork goes Handed to the bank or other holder. Presented to whoever holds the property; no court filing. Sources: [N.D.C.C. chapter 30.1-23, Collection by affidavit; small estates (North Dakota Legislature)](https://ndlegis.gov/cencode/t30-1c23.pdf); [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
- #### 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](https://www.ndcourts.gov/Media/Default/legal-resources/legal-self-help/personal-property-affidavit/Form-1-Affidavit-Collection.pdf), 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. Sources: [N.D.C.C. chapter 30.1-23, Collection by affidavit; small estates (North Dakota Legislature)](https://ndlegis.gov/cencode/t30-1c23.pdf); [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

## 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" Sources: [Wills Research Guide (North Dakota Legal Self Help Center, rev. January 2025)](https://www.ndcourts.gov/Media/Default/Legal%20Resources/Legal%20Self%20Help/Probate/Wills%20Research%20Guide.pdf); [Nolo (secondary source): How to Make Will in North Dakota (Nolo, updated September 2025)](https://www.nolo.com/legal-encyclopedia/north-dakota-make-will-31737.html), checked November 2026
- #### ConfirmedSelf-proving affidavit Allowed. Per Nolo (citing 30.1-08-04), the testator and witnesses sign an affidavit in front of a notary public. Source: [Nolo (secondary source): How to Make Will in North Dakota (Nolo, updated September 2025)](https://www.nolo.com/legal-encyclopedia/north-dakota-make-will-31737.html), checked November 2026
- #### 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" Sources: [Wills Research Guide (North Dakota Legal Self Help Center, rev. January 2025)](https://www.ndcourts.gov/Media/Default/Legal%20Resources/Legal%20Self%20Help/Probate/Wills%20Research%20Guide.pdf); [Nolo (secondary source): How to Make Will in North Dakota (Nolo, updated September 2025)](https://www.nolo.com/legal-encyclopedia/north-dakota-make-will-31737.html), checked November 2026
- #### ConfirmedA witness who inherits A beneficiary may witness (Nolo, citing N.D.C.C. 30.1-08-05), though disinterested witnesses are recommended."allows interested parties who stand to inherit to serve as a witness" Source: [Nolo (secondary source): How to Make Will in North Dakota (Nolo, updated September 2025)](https://www.nolo.com/legal-encyclopedia/north-dakota-make-will-31737.html), checked November 2026

## Want us to handle it?

We order certified records, pick up and deliver documents, get the small estate affidavit signed and notarized, and file papers near where the estate is, in any state. We are not lawyers.

**Price:** Quote-based, from $199 per job plus government and court fees at cost. Starting rates. Your exact price is quoted after we confirm a local notary/runner, before you pay.

[Ask for estate paperwork help](/notary/estate-paperwork-help-out-of-state#request)

## 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](https://www.sos.nd.gov/notary-apostille/apostille-and-certification), 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](https://www.ndcourts.gov/Media/Default/legal-resources/legal-self-help/personal-property-affidavit/Form-1-Affidavit-Collection.pdf)
- [Wills Research Guide (North Dakota Legal Self Help Center, rev. January 2025)](https://www.ndcourts.gov/Media/Default/Legal%20Resources/Legal%20Self%20Help/Probate/Wills%20Research%20Guide.pdf)

North Dakota kit

## North Dakota Executor and Estate Kit

This checklist as printable Word and PDF files: a start-here guide, the first 30 days, the small estate route with its official links, a documents and accounts tracker, plain notification letters (bank, utilities, Social Security), and an Excel estate ledger for assets, debts, payments and distributions.

[Get the kit, $25](/toolkits/nd-executor-kit)

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

**Is there a small estate route in North Dakota?**

On the official pages we read: The entire estate, wherever located, less liens and encumbrances, up to $100,000, with no real property in the probate estate. Handed to the bank or other holder. Presented to whoever holds the property; no court filing.

**How soon after the death can the North Dakota small estate paperwork be used?**

30 days. Thirty days after the death.

**Does the small estate paperwork in North Dakota need a notary?**

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

**Is there an official North Dakota form?**

Form 1, Affidavit for Collection of Personal Property of the Decedent. The state courts' self-help form. Link: https://www.ndcourts.gov/Media/Default/legal-resources/legal-self-help/personal-property-affidavit/Form-1-Affidavit-Collection.pdf

**How many witnesses did a will in North Dakota need?**

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

**What about a self-proving affidavit in North Dakota?**

Allowed. Per Nolo (citing 30.1-08-04), the testator and witnesses sign an affidavit in front of a notary public.

**Who answers questions about an estate in North Dakota?**

An estate attorney or the county probate/surrogate office answers questions about your situation. The official pages behind this checklist: North Dakota Courts self-help Form 1, Affidavit for Collection of Personal Property of the Decedent. Remember the 30-day wait before the small estate route.

Related: [Executor guide by state](/notary/executor-guide-by-state) · [Small estate affidavit details](/notary/small-estate-affidavit-north-dakota) · [Will signing requirements](/notary/will-signing-requirements-north-dakota) · [Estate paperwork help](/notary/estate-paperwork-help-out-of-state)

## Family far from the estate?

[See estate paperwork help](/notary/estate-paperwork-help-out-of-state)[Call (908) 444-6373](tel:+19084446373)