Short answer

North Dakota allows a simplified affidavit procedure to collect certain personal property of a decedent without formal probate. To use it for a deceased parent’s bank account you must confirm the estate qualifies under North Dakota rules, complete the required affidavit(s) and documentation, present the affidavit to the bank, and follow steps to clear claims by creditors or other heirs. Always check the specific statutory requirements that apply in your situation and consult the county clerk or an attorney if anything is unclear.

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

Below is a practical walkthrough you can follow. This is general information only — read the statutory language and check with the local court or bank before acting.

1. Confirm the affidavit procedure applies

North Dakota has procedures allowing a person to collect certain personal property of a decedent by affidavit instead of opening a full probate estate. These procedures usually cover smaller estates or limited categories of property (for example, bank accounts, personal effects, or other tangible items). You should review the North Dakota Century Code (Title on probate/estate law) and speak with the clerk of the district court in the county where the decedent lived to confirm the exact eligibility rules and any dollar thresholds or exclusions that apply. North Dakota statutes and court resources are available at the state legislature and courts websites: https://www.legis.nd.gov/cencode and https://www.ndcourts.gov/legal-resources.

2. Determine if the account is part of the probate estate or passes outside probate

Before using an affidavit, determine whether the bank account already passes outside probate. Common ways funds pass automatically outside probate include:

• Payable‑on‑death (POD) or transfer‑on‑death designation naming a beneficiary.
• Joint tenancy with right of survivorship where the surviving joint owner becomes owner immediately.
• Accounts held in trust or under a payable‑on‑death trust arrangement.

If one of these applies, the bank will usually pay the funds to the named beneficiary or joint owner on proof of death and identity, and you will not need a small‑estate affidavit.

3. Gather documents you will usually need

Common documents the bank and the affidavit will require:

• Certified copy of the decedent’s death certificate.
• Your photo identification (driver’s license, passport).
• Account number and recent statement or other proof the decedent owned the account.
• The completed small‑estate or collection affidavit signed under oath and notarized.
• Documentation showing your relationship to the decedent (birth certificate, family record) when required by the bank.

4. Complete the required affidavit form

North Dakota law or the district court will set the form or required elements for an affidavit used to collect a decedent’s personal property. Typical elements include:

• The decedent’s name and date/place of death.
• A statement that no probate administration is pending and that no personal representative has been appointed.
• An inventory or statement of the property you seek to collect (for example, the specific bank account and balance range if known).
• A sworn statement that the claimant is entitled to the property (for example, as an heir under intestacy or as an executor named in a will where a probate proceeding is not necessary).
• A statement about creditor claims and that any creditor claims will be handled according to law.
• A notarized signature and date.

Because wording and statutory requirements vary, obtain the recommended form from the district court clerk or the bank. Some banks will accept a bank‑prepared affidavit form tied to state law.

5. Present the affidavit to the bank

Take the notarized affidavit, certified death certificate, your ID, and account proof to the bank branch or the bank’s estate‑claims department. The bank will:

• Verify the documents.
• Determine whether the account qualifies for payment under the affidavit procedure.
• Make payment to the person named in the affidavit or refuse and require formal probate if it believes the procedure does not apply.

If the bank accepts the affidavit, it may pay out the funds less any hold for potential creditor claims. Keep a copy of everything the bank provides and obtain a written receipt showing the date and amount paid.

6. Expect possible bank or third‑party requirements

Banks may impose internal policies in addition to state law. For example, a bank may require:

• Additional proof of kinship or heirship.
• A longer waiting period to allow claims from creditors or other persons.
• That all persons who share equally in the estate sign the affidavit (if multiple heirs exist and the statute requires it).

7. Address creditor claims and disputes

Using an affidavit generally does not eliminate creditors’ rights. If creditors exist, you may be required to hold funds or use part of the funds to pay valid claims. If someone else objects (for example, another heir or a person claiming a different right to the account), the bank may refuse payment and advise you to open a probate estate and seek a court order. If disputes arise, you will likely need to go to district court or hire an attorney to resolve competing claims.

8. When you must open a formal probate estate

Circumstances that typically require opening probate include:

• The estate has real property or significant assets that exceed the small‑estate limits.
• There are creditor claims that require estate administration.
• There are disagreements among heirs or claimants to the decedent’s property.
• The bank refuses to accept an affidavit and requires a court order.

9. Keep careful records

Keep originals and copies of the affidavit, death certificate, receipts from the bank, and any communication with other heirs or creditors. These records protect you if someone later challenges the collection.

10. Confirm procedure and forms with local authorities

Specific wording, allowable dollar thresholds, and forms vary by state statute and local court rules. Contact the clerk of the district court in the county where your father lived or review North Dakota probate statutes and court forms online before completing the affidavit. Helpful starting points: North Dakota Century Code and North Dakota Courts — https://www.legis.nd.gov/cencode and https://www.ndcourts.gov/legal-resources.

Important note on statutes: statutes control the procedure and the courts’ application varies by county and bank. Review North Dakota statutes on probate and collection of personal property in the North Dakota Century Code and follow the forms or sample affidavits provided by the court or bank.

Helpful hints

• Start by calling the bank’s estate or branch manager. Ask what the bank requires to release account funds when the owner dies — the bank may accept a death certificate and beneficiary designation without an affidavit.
• Ask the district court clerk for a sample affidavit or the exact statutory citation and required form for collecting personal property of a decedent by affidavit.
• Obtain certified copies of the death certificate from the state or county vital records office; banks often require certified copies rather than photocopies.
• Do not spend funds until the bank provides a written receipt and you are reasonably sure no valid claims will be asserted against the estate.
• If multiple heirs exist, consider getting everyone’s written agreement or signatures on the affidavit when possible to avoid later disputes.
• If the amount in the account is near your county’s small‑estate threshold or if the estate includes other assets, consult an attorney or the court; formal probate may be safer and clearer.
• When in doubt, hire an attorney for a short consultation. A lawyer can tell you whether the affidavit is appropriate and can prepare or review the affidavit to reduce risk of future liability.