Detailed Answer: Preparing an Heirship Affidavit in North Dakota

Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a licensed attorney in North Dakota for guidance on your specific situation.

1. Understand the Purpose of an Heirship Affidavit

An heirship affidavit establishes who inherits real property when a person dies without a will (intestate). In North Dakota, a properly drafted and recorded affidavit allows the county recorder to update land records and clear title for distribution to heirs.

2. Review North Dakota Statutes

North Dakota law outlines the requirements for an heirship affidavit in the North Dakota Century Code. For guidance, see N.D.C.C. Chapter 30.1-27 (Dispositions of Lands by Affidavit). Key provisions include:

• Section 30.1-27-01: Who may execute an affidavit
• Section 30.1-27-02: Required contents of the affidavit
• Section 30.1-27-05: Recordation effect and indexing

3. Gather Necessary Information and Documents

Before you draft, collect:

• Full legal name and date of death of the decedent
• Legal description of the real property (lot, block, township, range)
• Names, addresses, and relationships of all heirs at law
• Certified death certificate of the decedent
• Any documents showing heir relationships (birth certificates, marriage certificates)

4. Draft the Affidavit

Include these key elements:

• Affiant’s identity: Name, address, and qualification of the person swearing to the facts (often a disinterested witness or close relative).
• Statement of death: Date and place of decedent’s death.
• Property description: Exact legal description as recorded.
• Heir details: List each heir, their relationship to the decedent, and share of the estate under N.D.C.C. §§ 30.1-03-04 to 30.1-03-08.
• Sworn statement: Declaration that no other wills exist and that the information is true to affiant’s knowledge.
• Notary block: Space for notary public to acknowledge the affiant’s signature.

5. Execute and Notarize

Have the affiant sign in the presence of a North Dakota notary public. The notary will verify the affiant’s identity and administer the oath.

6. Record the Affidavit

Submit the original affidavit and any required recording fee to the county recorder’s office where the real property lies. The recorder will index it against the decedent’s name and the legal description. Once recorded, the title reflects the heirs’ interests.

Helpful Hints

• Use exact legal descriptions from existing deeds.
• Confirm heir names and relationships with certified documents.
• Verify county-specific recording fees and form requirements.
• Retain stamped copies from the recorder for your records.
• Consider hiring a local attorney or title company for complex estates.