Detailed Answer
Under North Dakota law, when a decedent’s estate qualifies as a “small estate,” heirs can use an affidavit process instead of formal probate. North Dakota Century Code (NDCC) §§ 30.1-19-16 to 30.1-19-26 set the rules for summary settlement. You can streamline asset distribution if the estate’s personal property totals $50,000 or less and does not include real estate.
1. Confirm Small Estate Eligibility
First, calculate the total value of personal property. Exclude real estate. The estate must owe no more than $50,000 to creditors and not include real property. See NDCC §§ 30.1-19-16 to 30.1-19-26.
2. Gather Required Documents
Collect these documents:
- Certified copy of the decedent’s death certificate.
- Official list of estate assets with estimated values.
- Contact information for each heir.
- Any existing will or trust documents.
3. Prepare the Small Estate Affidavit
Complete an affidavit form stating the decedent’s name, date of death, relationship of heirs, and detailed asset list. Declare that the estate meets the small estate criteria under NDCC. Sign the affidavit before a notary public.
4. File and Serve the Affidavit
File the signed affidavit with the clerk of court in the county where the decedent resided. Serve a copy on known heirs and creditors if required. Wait the statutory notice period (30 days) to allow creditor claims.
5. Collect and Distribute Assets
After the notice period, submit a certified copy of the affidavit to banks or asset holders. They will release funds or property. Distribute assets to heirs according to the affidavit’s terms. Maintain records of transfers for future reference.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult an attorney for guidance on your specific situation.
Helpful Hints
- Double-check asset values to confirm eligibility.
- Keep extra certified death certificates on hand.
- Notarize all required signatures.
- File in the correct county to avoid delays.
- Notify creditors promptly to clear claims.
- Retain copies of all filed documents.
- Use a standard small estate affidavit form approved by the court.
- Consult a probate attorney if the estate value approaches the limit.