Detailed Answer
Under North Dakota law, you may use a small estate affidavit to transfer certain assets without formal probate when the total value of personal property does not exceed $100,000 and no personal representative has been appointed. See N.D.C.C. § 30.1-17.1-02. To complete the affidavit, you typically need the following documents:
- Certified Death Certificate: Obtain a certified copy from the county registrar or funeral home. This proves the decedent’s date and place of death.
- Small Estate Affidavit Form: Use a form meeting the requirements of N.D.C.C. § 30.1-17.1-01. The form must include the affiant’s oath.
- Affiant’s Identification: Provide a government-issued photo ID for the person swearing to the affidavit (the affiant).
- Statement of Entitlement: A signed declaration that no personal representative has been appointed and that you are entitled to the assets under statute or will.
- Asset Inventory and Valuation: List each asset (bank accounts, vehicles, personal effects) with estimated values. Attach supporting documents such as recent bank statements, title certificates, or appraisals.
- Creditor and Beneficiary Notice (if required): In some cases, you must mail copies of the affidavit to known beneficiaries or creditors and attach proof of mailing.
- County Court Filing Fee: Prepare payment for the clerk of court’s fee when you file the affidavit in the county where the deceased resided.
After gathering these documents, sign the affidavit before a notary public and file it with the county court. The court clerk will record it and return certified copies for you to present to institutions holding estate assets.
Helpful Hints
- Verify the total personal property value stays under the $100,000 limit.
- Use the official North Dakota small estate affidavit template when available.
- Obtain certified copies of all documents rather than photocopies.
- Keep detailed records of asset valuations and correspondence with creditors.
- Check county-specific requirements for filing and fees.
- Consider consulting an attorney if any beneficiary contests the affidavit or if the estate includes real property.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a licensed attorney for guidance on your specific situation.