--- title: "North Dakota Small Estate Affidavit: Limit, Wait, Notary" description: "North Dakota small estate affidavit: Up to $100,000; 30 days after the death; notarized; handed to the holder. From the state's own pages." url: "https://mcc-solutionsnj.com/notary/small-estate-affidavit-north-dakota" --- Small estates · North Dakota # North Dakota small estate affidavit The limit, how long to wait, the notary rule, where the affidavit goes, and the official form, from this state's own court and statute pages. ✓ New Jersey commissioned notary, no. 50244803, insured for errors and omissions. [See the credentials](/about/credentials) **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](https://www.ndcourts.gov/Media/Default/legal-resources/legal-self-help/personal-property-affidavit/Form-1-Affidavit-Collection.pdf) 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." ## 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) ## Three example estates For a death on November 13, 2025, the stated limit gives: - **$25,000:** under the stated limit. [See why](/notary/small-estate-eligibility-checker?state=nd&value=25000&dod=2025-11-13) - **$90,000:** under the stated limit. [See why](/notary/small-estate-eligibility-checker?state=nd&value=90000&dod=2025-11-13) - **$150,000:** over the stated limit. [See why](/notary/small-estate-eligibility-checker?state=nd&value=150000&dod=2025-11-13) Your own numbers: [open the checker for this state](/notary/small-estate-eligibility-checker?state=nd). Where an affidavit has to be notarized or sworn: MCC Solutions notarizes in New Jersey, with a [mobile notary](/notary/mobile-notary) who comes to you and [remote online notarization](/notary/remote-online-notarization). Elsewhere, a local notary can help. Family far from the estate? Our [estate paperwork help](/notary/estate-paperwork-help-out-of-state) sends a local runner or notary to order records, pick up papers and get the affidavit signed, in any state. ## 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) 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](/notary/small-estate-affidavit-by-state) · [North Carolina](/notary/small-estate-affidavit-north-carolina) · [Ohio](/notary/small-estate-affidavit-ohio) · [Small estate affidavit: signing and notary checks](/notary/guides/small-estate-affidavit-notary-checks) ## Need an affidavit notarized in New Jersey? [Book a mobile notary](/notary/mobile-notary)[Call (908) 444-6373](tel:+19084446373)