Short answer

You prepare a sworn affidavit that lists the decedent, the personal property you claim, and your authority to collect it; have it notarized; file or present it according to North Dakota probate rules; and provide the affidavit to whoever holds the assets (bank, custodian, or person holding personal property). Before relying on the affidavit, confirm the small-estate eligibility rules and any waiting periods with the county court or an attorney. This is not legal advice.

Detailed answer — step-by-step under North Dakota law

This explains the common process in North Dakota for using an affidavit to account for and collect personal property from a decedent’s small estate. State probate laws and local court rules control the exact steps and paperwork. Always check the relevant North Dakota statutes and your county court’s rules before you act; see generally North Dakota Century Code, Title 30.1 (Probate and decedents’ estates): https://www.legis.nd.gov/cencode/t30.1.

1. Confirm the case is eligible for small-estate procedures

North Dakota provides simplified procedures in many probate situations where the estate consists mostly of personal property and the value is limited. Eligibility depends on statutory limits and the type of property (for example, real estate usually requires full administration). Confirm the exact eligibility rules and any value thresholds in the North Dakota Century Code and with the local district court clerk.

2. Identify the property and gather documents

Collect documentation you will need when preparing and submitting the affidavit:

• Certified death certificate for the decedent.
• Account statements, titles, or receipts for the personal property you intend to claim (bank accounts, vehicles, household goods, personal effects).
• Evidence of your relationship or authority (will naming you personal representative, heirship information, beneficiary designations, or affidavit of heirship if applicable).
• Any existing beneficiary designations, payable-on-death (POD) or transfer-on-death (TOD) forms, and prior court filings if applicable.

3. Draft the affidavit accounting for personal property

The affidavit should be clear, concise and sworn. Typical contents include:

• Full name, date of death, and last residence of the decedent.
• Your full name, relationship to the decedent, and contact information.
• A complete list of the personal property you claim — item description, location, and approximate value for each item or account.
• A statement that to your knowledge no personal representative or administrator has been appointed and that you believe the estate qualifies for the simplified procedure.
• A statement that the information is true under penalty of perjury (or as required by state law).
• Signature block and a notary acknowledgment (affidavits must be sworn and notarized in most cases).

Banks or other custodians sometimes provide their own small-estate affidavit forms or require additional information. Call the institution in advance to confirm what form they will accept.

4. File or lodge the affidavit with the county district court (if required)

Some small-estate affidavits are presented directly to the custodian (bank, broker, or person holding property) without court filing; others must be filed with the district court in the county where the decedent resided. Check local court rules or ask the district court clerk whether filing is required in your situation. If filing is required, bring:

• The original sworn affidavit (notarized).
• A certified copy of the death certificate.
• Any supporting documents (statements, titles, beneficiary forms).
• Filing fee, if any (fees vary by county).

5. Observe any statutory waiting periods and service requirements

Some simplified probate procedures require a waiting period for creditors or specific notice to heirs or creditors before property can be distributed. Confirm whether North Dakota law or local rules require notice, publication, or a waiting period in your county. The district court clerk or the North Dakota statutes on probate will show the required procedures and timing; consult Title 30.1 of the North Dakota Century Code for the controlling provisions: https://www.legis.nd.gov/cencode/t30.1.

6. Present the affidavit to the custodian

After the affidavit is executed and any required wait or filing is complete, present it to the holder of the assets (bank, brokerage, or person holding the property). Expect the custodian to:

• Request a certified death certificate and the notarized affidavit.
• Verify identity and the relationship/authority asserted.
• Possibly require a court order if the custodian doubts the affidavit or if the asset is above institution limits.

Keep records of all communications and receipts when property or funds are transferred.

7. Keep an accounting and be mindful of creditors

If you receive funds or property, keep a written accounting and hold back any amounts needed to satisfy valid creditor claims until you confirm all creditor obligations are resolved. Misuse or wrongful distribution can lead to liability — false statements in an affidavit may expose you to perjury or civil claims.

8. When to get help

If the estate has disputed heirs, creditors, real property, business interests, or the value or title to personal property is unclear, consult a qualified probate attorney. You may also consult the district court clerk for procedural questions or the North Dakota court self-help resources: https://www.ndcourts.gov/.

Important: This post is informational only and does not replace legal advice.

Helpful Hints

• Start by calling the district court clerk in the county where the decedent lived — clerks can often tell you whether the affidavit must be filed or may be presented directly to a bank.
• Get multiple certified copies of the death certificate up front; institutions usually require originals or certified copies.
• Ask the bank or asset holder what form they accept. Many banks have internal dollar limits for noncourt transfers and their own affidavit forms.
• Do not distribute assets until you confirm any required waiting period or notice has been satisfied.
• Retain detailed receipts and an accounting of distributions in case an heir or creditor later questions the transfers.
• If an heir objects or a creditor makes a claim, stop distributions and speak with a probate attorney right away.
• False statements in a sworn affidavit can have criminal and civil consequences — be truthful and precise.
• When in doubt, consult a lawyer experienced in North Dakota probate; small estate procedures can save time but have rules you must follow exactly.