North Dakota Small Estate Affidavit Form

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North Dakota Small Estate Affidavit Form

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Last updated April 1st, 2026

A North Dakota small estate affidavit is used to collect property from a decedent’s estate outside of probate, allowing for a more efficient distribution of assets. Only small estates with a value of less than $100,000 and no real property can be distributed through this process. The official document is referred to as an “Affidavit for Collection of Personal Property of the Decedent”.

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A North Dakota small estate affidavit is used to collect property from a decedent’s estate outside of probate, allowing for a more efficient distribution of assets. Only small estates with a value of less than $100,000 and no real property can be distributed through this process. The official document is referred to as an “Affidavit for Collection of Personal Property of the Decedent”.

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Laws

  • Maximum Estate Value: $100,000, less liens and encumbrances[1]
  • Mandatory Waiting Period: 30 days[2]
  • Where to File: No filing required[3]

How to Use (3 Steps)

Step 1 – Check Eligibility

The estate must meet the following requirements to be eligible for a small estate affidavit[4]:

  • The estate’s total value does not exceed $100,000.
  • The estate contains no real property.
  • There is no ongoing or completed probate case for the estate.
  • At least 30 days have passed since the decedent’s death.
  • There is no pending or granted petition for the appointment of a personal representative.
  • The affiant is entitled to the property.

Step 2 – Complete Affidavits

The affiant must complete the Affidavit for Collection of Personal Property of the Decedent. The document must be signed in the presence of a notary public.

To collect motor vehicles, the affiant will also need to complete and notarize the Affidavit for Collection of Personal Property of the Decedent (Form SFN 2916). The form must be filed at a North Dakota Motor Vehicle office.

Step 3 – Collect Property

The affiant can present the Affidavit to any party holding estate property, who, in turn, will be legally required to transfer it to the affiant.

Legal action may be brought against a party who refuses to transfer the decedent’s property.[5]

Sources

  1. § 30.1-23-01(1)(a)
  2. § 30.1-23-01(1)(b)
  3. ND Courts: Affidavit for Collection of Personal Property Overview
  4. § 30.1-23-01(1)
  5. § 30.1-23-02