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In North Dakota, navigating the process of settling a deceased person's estate can often feel overwhelming, especially when the estate is small. The North Dakota Small Estate Affidavit form serves as a streamlined solution for those looking to transfer assets without the complexities of formal probate. This form allows individuals to claim assets valued at $50,000 or less, simplifying the transfer process for heirs and beneficiaries. To utilize the Small Estate Affidavit, certain conditions must be met, including the requirement that the deceased person must have been a resident of North Dakota at the time of death. Additionally, the form requires specific information, such as the names of the heirs, a description of the assets, and a statement affirming that no probate proceedings are necessary. By providing a clear and accessible pathway for settling small estates, this affidavit helps reduce the burden on families during what is often a challenging time, allowing them to focus on healing rather than legal complexities.
Sample - North Dakota Small Estate Affidavit Form
North Dakota Small Estate Affidavit
Pursuant to the North Dakota Century Code, Title 30.1 (Uniform Probate Code), Article 30.1-23 (Small Estates), this affidavit is for the collection of the personal property of a decedent whose estate qualifies as a "small estate" under North Dakota law.
Instructions: Complete all sections of this affidavit. Print and sign the completed form, then submit it to the holder of the property. Ensure all information is accurate to the best of your knowledge.
Section 1: Deceased Information
- Full Name of Deceased: _____________________________________
- Date of Death: _____________________________________________
- Last known address: _________________________________________
- County of Death: ___________________________________________
Section 2: Affiant (Claimant) Information
- Full Name of Affiant: _______________________________________
- Relationship to Deceased: ___________________________________
- Address: ___________________________________________________
- Contact Number: ____________________________________________
Section 3: Qualification
I, [Name of Affiant], swear or affirm under penalty of perjury that:
- The values of the entire estate subject to administration in North Dakota, wherever located, less liens and encumbrances, do not exceed $50,000.
- Thirty days have elapsed since the death of the decedent.
- No application or petition for the appointment of a personal representative is pending or has been granted in any jurisdiction.
- Entitled to payment or delivery of the property is affirmed.
Section 4: Description of Property
Describe the personal property to be collected, transferred, or received through this affidavit.
Section 5: Declaration
I declare under penalty of perjury under the laws of the State of North Dakota that the foregoing is true and correct.
Date: ____________ Affiant's Signature: ___________________________
Notarization (if required)
State of North Dakota )
County of ___________ )
Subscribed and sworn to (or affirmed) before me on this ___ day of ____________, 20__, by _____________________, proved to me on the basis of satisfactory evidence to be the person who appeared before me.
Notary Public: ___________________________________
My commission expires: ___________________________
PDF Overview
| Fact Name | Description |
|---|---|
| Purpose | The North Dakota Small Estate Affidavit allows heirs to claim assets of a deceased person without going through probate. |
| Eligibility | This form is used when the total value of the estate is less than $50,000, excluding certain assets. |
| Governing Law | The Small Estate Affidavit is governed by North Dakota Century Code, Chapter 30.1-24. |
| Filing Requirement | Heirs must file the affidavit with the appropriate county court to access the deceased's assets. |
| Signature Requirement | The affidavit must be signed by all heirs who are entitled to the estate. |
| Notarization | The form must be notarized to ensure its validity. |
| Asset Types | Eligible assets include bank accounts, personal property, and vehicles, but not real estate. |
| Timeframe | Heirs should file the affidavit within one year of the decedent's death. |
| Use of Form | Once filed, the affidavit serves as proof for institutions to release the assets to the heirs. |
| Limitations | This process cannot be used if the deceased had a will that requires probate. |
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