North Dakota Small Estate Affidavit Form

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North Dakota Small Estate Affidavit Form

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Last updated March 11th, 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: Thirty 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:

  • 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 via the decedent’s will or through intestate succession.

Step 2 – Complete Affidavits

If the eligibility requirements have been met, 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, but does not need to be filed with any court.

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, which can be done by booking an appointment online or calling 1-855-633-6835.

Step 3 – Collect Property

The affiant will present a signed and notarized copy of the Affidavit to the party holding the decedent’s property, who must then transfer it to the affiant.

Legal action may be brought against a party who refuses to transfer the decedent’s property.[4]

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. § 30.1-23-02