Deciding Which Assets to List on a North Dakota Small Estate Affidavit

Short answer: List assets that were owned solely by the decedent at death and that would otherwise need probate administration. Do not leave required fields blank. For items that are not subject to probate (jointly owned property, accounts with named beneficiaries, trust property, insurance or retirement proceeds with beneficiaries), mark them as “nonprobate” or “N/A” rather than leaving blanks or putting zero unless their fair market value truly is zero.

Detailed answer — how to decide what to list (North Dakota)

This section explains what to include on a small estate affidavit under North Dakota law, how to treat nonprobate items, how to handle unknown values, and practical steps to avoid mistakes. This is an educational overview only and not legal advice.

1. Understand what a small estate affidavit is and whether North Dakota law allows it

A small estate affidavit is a simplified method for transferring certain decedent-owned assets when the estate value is below the statutory threshold and the estate otherwise qualifies. The affidavit lets an eligible person claim or transfer probate assets without formal probate administration. North Dakota law sets the rules and any dollar threshold; check current statutes and court forms for numerical limits and eligibility. You can find North Dakota’s statutes and probate resources at the North Dakota Legislative Branch and the North Dakota Courts websites: https://www.legis.nd.gov/cencode and https://www.ndcourts.gov/legal-resources/forms.

2. Assets to include on the affidavit

• Probate assets owned solely in the decedent’s name at the time of death. Typical examples include a bank account titled only in the decedent’s name, personal property (furniture, jewelry), and other assets that would pass under the will or intestacy if probate were opened.
• Assets located in North Dakota or within the jurisdiction that are subject to probate. If the form asks for property subject to the affidavit, include those items and their best-known values.

3. Assets to exclude (or mark as nonprobate) — do not list them as probate assets

Do not list asset values as part of the estate inventory if the asset passes outside of probate. Instead, note their nonprobate status so the court or third parties see why you are not claiming them via the affidavit.

• Jointly owned property with right of survivorship (joint tenancy, tenancy by the entirety). These typically pass to the surviving co-owner automatically.
• Accounts with a payable-on-death (POD) or transfer-on-death (TOD) designation or other named beneficiaries (life insurance, IRAs, 401(k)s, annuities) — these pass to the named beneficiary and are generally not probate property.
• Trust property governed by a living trust or other nonprobate device.
• Certain contractual rights, or property that transfers by operation of law.

4. How to treat unknown values, zero values, and blanks

• Do not leave required fields blank. Blanks cause confusion and may delay the claim or make third parties refuse to accept the affidavit.
• If the form asks for a value and the asset has no monetary worth, enter “0” and add a short note (e.g., “0 — no market value” or “0 — junk vehicle”).
• If you do not know the value, enter a good-faith estimate and mark it “estimate.” If you cannot reasonably estimate, write “unknown” and explain why (e.g., “vehicle located offsite — value unknown; appraisal pending”).
• For nonprobate items, write “nonprobate — passes to [name],” or “POD to [beneficiary]” rather than leaving a blank or putting a numerical value. That signals why you did not include the asset’s value in the estate total.
• Avoid undervaluing assets to keep below a threshold. Intentionally misrepresenting asset value risks civil or criminal consequences. If values are uncertain and could affect eligibility, get an appraisal or consult an attorney.

5. Documentation to attach and provide

Support entries on the affidavit with readily available documents. Common attachments include:

• Death certificate (certified copy).
• Recent account statements, bank records, or brokerage statements showing title and balance.
• Vehicle title and recent valuation or registration info.
• Copies of beneficiary designations or account forms for POD/TOD/retirement accounts and life insurance.
• Written explanations or appraisals for items with estimated or unknown values.

6. Practical sequence of steps

1. Get several certified copies of the death certificate.
2. Gather account statements and title documents for all known assets.
3. Sort assets into probate vs. nonprobate categories; mark nonprobate items clearly on your draft affidavit.
4. Estimate values conservatively; obtain appraisals for items of significant value or where eligibility turns on a threshold.
5. Fill in all required lines on the affidavit form (do not leave blanks), attach supporting documents, and sign as required before a notary or other authorized official.
6. Present the affidavit and supporting documents to the holder of each asset (bank, title office, county recorder, etc.). Keep copies of everything you submit.

7. When to seek legal help

Talk to a probate attorney or contact the clerk of court if you are unsure whether an asset is probate property, if competing claims exist, if the estate size hovers near the statutory limit, if a creditor dispute arises, or if the decedent left a will with ambiguous provisions. Complex ownership structures (business interests, foreign assets, or contested beneficiary designations) usually require legal advice.

Helpful hints

• Never leave required lines blank. Use “N/A,” “none,” “0,” “unknown,” or “nonprobate — [reason]” so readers and third parties understand your answer.
• Label nonprobate items clearly (POD, joint tenancy, trust property). That prevents a bank from wrongly freezing an account or demanding full probate.
• Keep copies of everything you file or hand to third parties. Record dates and names of people you spoke to when submitting the affidavit.
• If values are material to eligibility, get a professional appraisal for real estate, antiques, or business interests before filing the affidavit.
• Check the current North Dakota statutory threshold and eligibility rules before using a small estate affidavit. Statutes and forms can change over time: https://www.legis.nd.gov/cencode and https://www.ndcourts.gov/legal-resources/forms.
• When in doubt, disclose. If uncertain whether an item is probate, note that on the affidavit and explain the basis of your uncertainty.
• Avoid signing false statements. A signed affidavit is sworn and can create legal liability if it intentionally misstates facts.

Where to find North Dakota forms and statutes

Find current small estate affidavit forms and probate information at the North Dakota Courts website forms page: https://www.ndcourts.gov/legal-resources/forms. For statutory language, consult the North Dakota Century Code at https://www.legis.nd.gov/cencode. If you cannot locate the exact forms or rules, contact the clerk of the district court in the county where the decedent lived for guidance.

Disclaimer: I am not a lawyer. This article provides general information about North Dakota probate procedures and is not legal advice. For advice about a specific estate or to confirm eligibility and statutory limits, consult a licensed North Dakota attorney or the local court clerk.