North Dakota Small Estate Affidavit | Affidavit of Heirship

North Dakota residents who pass away without a last will and testament normally pass their estates to direct family members, or the estate will go to probate court. Affidavits of heirship and small estate affidavits allow family members and other successors to avoid the time and expense of probate court and claim a decedent’s estate, including bank accounts, real estate, and even mineral rights. In North Dakota, a decedent’s estate may not value more than $50,000 and there is a 30-day waiting period.

Affidavit of Heirship: North Dakota allows heirs to collect personal property like bank accounts and other finances valued as much as $50,000.

Small Estate Affidavit: Successors may file a small estate affidavit to collect real estate worth up to $50,000, and includes mineral rights in the state. There is a 30 day waiting period.



Adobe PDF | Microsoft Word (.doc)

The affidavit of heirship in North Dakota is governed by statute 30.1-23-01. (3-1201). For loved ones who wish to claim a decedent’s personal property such as bank accounts, trusts, or vehicles, there is a 30-day waiting period after filing the affidavit of heirship, and the personal property may not value…

Adobe PDF | Microsoft Word (.doc)

A decedent’s successors may file a small estate affidavit in North Dakota to claim ownership or administration of a loved one’s real estate, including homes, land, and mineral rights. According to N.D. Cent. Code § 30.1-23-03, the successors may file a small estate affidavit with a 30 day waiting period,…