Detailed answer — step‑by‑step

If you want to use North Dakota’s small‑estate process, you need to know whether the decedent’s property that is subject to administration (the assets that actually become part of the estate) falls at or below the small‑estate threshold you are relying on. Below are practical steps you can use to determine whether a particular bank account will count toward that $20,000 limit and how to document the amount.

1. Understand which accounts count toward the estate

• Accounts titled solely in the decedent’s name are part of the probate estate and count toward the small‑estate total.
• Accounts with a payable‑on‑death (POD) or transfer‑on‑death (TOD) beneficiary typically pass outside probate to the named beneficiary and do not count toward the probate estate’s value.
• Joint accounts depend on how title and intent are written. If the joint owner has a right of survivorship, the account often passes to the survivor and may not be part of the probate estate. If ownership is not clearly survivorship‑based, the account could be treated as part of the estate.
• Retirement accounts, IRAs, and some brokerage accounts usually have named beneficiaries and pass outside probate; their treatment depends on the beneficiary designation.

2. Get the exact date‑of‑death balance

Small‑estate determinations usually look at the value at the decedent’s date of death (not the current balance). To prove the account value:

1. Request a written statement or account history from the bank showing the ledger balance on the date of death. Ask for a certified or notarized account statement if the bank offers one.
2. If the bank will not provide a retroactive balance without a probate document, ask the bank what alternative documentation it accepts (for example: a death certificate plus account printouts, or a bank affidavit form).
3. Collect recent monthly statements covering the date of death and the days immediately before and after it. Those statements can help show the funds present at death.

3. Account for pending transactions, holds, and joint‑owner withdrawals

Do not assume the statement balance is the estate amount. Adjust for:

• Unposted deposits or checks outstanding at the date of death.
• Automatic withdrawals or scheduled payments that removed funds shortly after the date of death.
• Bank holds or freezes placed after notice of death (these do not change the date‑of‑death balance but affect access).

4. Add up only assets that are “subject to administration”

Some property does not go through probate (POD accounts, jointly owned with right of survivorship, accounts titled in trust, life insurance with a named beneficiary). Only include assets that must be collected through the estate process. For each asset you intend to include, keep documentation showing why it counts or does not count.

5. If totals are near $20,000, get documented confirmation

When the combined value is close to the threshold, get written statements from the bank and other institutions showing the date‑of‑death balances. Courts and third parties rely on documentation; oral estimates or memory are not sufficient for affidavits or transfers.

6. Use the correct North Dakota forms and court rules

If you find the estate assets subject to administration are at or below the small‑estate limit you intend to use, follow North Dakota’s small‑estate affidavit procedures or other simplified transfer procedures. For statute text and forms, consult the North Dakota Century Code and the North Dakota court probate resources (see links below).

7. When to consult the county court or an attorney

Contact the clerk of the county court where the decedent lived if you are unsure whether particular accounts count toward the estate or how to prepare the paperwork. Consider consulting an estate attorney if:

• There are disputes about account ownership.
• Beneficiary designations are unclear.
• The combined estate value is near or over the threshold.
• There are creditor claims or unusual assets (business interests, out‑of‑state property).

Helpful North Dakota legal resources

North Dakota statutes and probate resources (for the exact statutory language and available court forms):

• North Dakota Century Code (NDCC) — official code search
• North Dakota Courts — Probate and Estate resources

Hypothetical example: If the decedent had one sole‑owner checking account that the bank’s certified statement shows had $18,500 on the date of death and no POD beneficiary, that $18,500 counts toward the estate. If the decedent also had a small POD savings account with $3,000 payable to a named beneficiary, that POD account would usually pass outside probate and would not be added to the $18,500 when deciding whether to use a small‑estate affidavit.

Helpful hints

• Get multiple copies of the certified death certificate — banks and title holders usually require an original or certified copy.
• Ask the bank in writing for the date‑of‑death balance and any signature card or account title documentation. Keep that correspondence.
• Look for account titles and beneficiary language on the front page of statements — POD, TOD, or “Trust” language can change whether an account counts for probate.
• Don’t rely on a current balance. Use the ledger or posted balance on the date of death for valuation.
• If a bank claims it cannot release information without a probate appointment, ask what alternatives it accepts (some banks will release a balance to an heir with a short affidavit or a certified copy of the death certificate).
• Document any joint account conversations and obtain copies of signature cards — these can show survivorship intent.
• If you suspect the estate value exceeds the small‑estate threshold, stop using informal transfers; a mistaken transfer could create liability to creditors or other heirs.