North Dakota Small Estate Affidavit: Limit, Wait, Notary

Short answer. Up to $100,000; 30 days after the death; notarized; handed to the holder.

At a glance

Limit: The entire estate, wherever located, less liens and encumbrances, up to $100,000, with no real property in the probate estate.
Wait after death: Thirty days after the death.
Notary: Signed and dated in front of a notary public or clerk of court.
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 it
Simplified 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.

In the official wording

Limit

"does not exceed $100,000.00"

Wait

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

Notary

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

Three example estates

For a death on November 7, 2025, the stated limit gives:

$25,000: under the stated limit. See why
$90,000: under the stated limit. See why
$150,000: over the stated limit. See why

Your own numbers: open the checker for this state.

Where an affidavit has to be notarized or sworn: MCC Solutions notarizes in New Jersey, with a mobile notary who comes to you and remote online notarization. Elsewhere, a local notary can help.

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)

General information, not legal advice; we are not lawyers. Each holder may still ask for its own form, and a lawyer can confirm whether the estate qualifies.

Common questions

What is the small estate limit in North Dakota?

Up to $100,000. 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?

30 days. Thirty days after the death.

Does a North Dakota small estate affidavit need a notary?

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

Is it filed with a court in North Dakota?

No. Presented to whoever holds the property; no court filing.

Can real estate pass this way in North Dakota?

Owning it rules the procedure out.

Is there an official North Dakota form?

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

All states: small estate affidavit by state · North Carolina · Tennessee · Small estate affidavit: signing and notary checks

Small Estate Affidavit Organizer

A start-here guide, an eligibility and documents checklist for every state with its official links, an asset holder letter log (each bank, motor vehicle office or employer may want its own form), a distribution record, and an Excel inventory that totals countable assets against this state's limit and flags excluded ones, as Word files and PDFs. It isn't an affidavit form; it points to the official forms.

North Dakota small estate affidavit