North Dakota Small Estate Affidavit: $100,000, House Included

Settled Estate puts the North Dakota small estate affidavit limit at $100,000, subject to conditions this page sets out in full. Real property cannot pass this way. Last verified September 2026.

North Dakota counts the whole estate, wherever it is and net of liens, against one $100,000 figure. Real estate counts toward that figure but cannot pass by the affidavit, and the limit was $50,000 for deaths before August 1, 2025.

Based on N.D.C.C. § 30.1-23-01

By Settled Estate EditorialPublished: January 15, 2026Updated: May 31, 2026

Does North Dakota Have a Small Estate Affidavit?

Yes. N.D.C.C. § 30.1-23-01 lets a successor collect the decedent's personal property with a sworn affidavit once 30 days have passed since the death, when the value of the entire estate subject to distribution or succession under chapters 30.1-01 through 30.1-23, wherever located, less liens and encumbrances, does not exceed $100,000, no application or petition to appoint a personal representative is pending or has been granted in any jurisdiction, and the person signing is entitled to the property. The affidavit goes to whoever holds the property, such as a bank or a transfer agent, and is never filed with a court. Real estate in the decedent's own name counts toward the $100,000 but cannot pass by the affidavit, and North Dakota has no separate real-property affidavit. A will does not close the route. North Dakota also keeps a second shortcut with no dollar figure at all, summary administration under § 30.1-23-03, which needs an appointed personal representative.

Do you qualify?

Qualifying threshold: $100,000 or less for deaths on or after August 1, 2025, measured as the value of the entire estate subject to distribution or succession, wherever located, less liens and encumbrances (N.D.C.C. § 30.1-23-01(1)(a)). Real property counts in that measure at its equity even though this affidavit cannot transfer it. The figure was $50,000 for deaths before August 1, 2025.The test is a net, whole-estate test. Add up everything that would pass under the will or by intestacy, wherever it is located, then subtract mortgages and other liens. Nothing is excluded by asset class, so a house with $60,000 of equity adds $60,000 to the total. Leave out property that passes outside probate: joint tenancy with survivorship, payable-on-death and transfer-on-death accounts, and land covered by a transfer on death deed recorded before the death. If the death was before August 1, 2025, the limit in force at the death was $50,000, and the 2025 act does not say which figure applies when an older death is settled now, so ask the bank or a North Dakota lawyer before relying on the higher figure. The same caution applies to an estate near the limit that includes the home the decedent lived in, because whether a home burdened by a homestead estate counts in full is not settled.
Waiting period: Thirty days after the death (N.D.C.C. § 30.1-23-01(1)(b)). The route closes once anyone applies or petitions to be personal representative, in North Dakota or in any other state, and stays closed after an appointment is granted (§ 30.1-23-01(1)(c)).
Court filing fee: $0 in court fees, because the affidavit is never filed with a court. It is presented to the holder of the property, and a notary may charge to witness the signature. Certified death certificates cost $15 for the first copy and $10 for each additional copy ordered at the same time from the Department of Health and Human Services (N.D.C.C. § 23-02.1-29(1)). For a vehicle, the Department of Transportation charges a $5 title fee, plus a branch fee at a branch site, and an inherited vehicle is exempt from the motor vehicle excise tax (§ 57-40.3-04(5)(a)).
Attorney: Not typically neededNo statutory requirement. The affidavit is written so a successor can sign it without counsel. Advice earns its cost where the estate sits near $100,000, where the death was before August 1, 2025 and the estate falls between $50,000 and $100,000, where the estate includes the home the decedent lived in, where the heirs disagree about who is entitled, or where real estate must also be transferred.
Real estate: Not covered by this procedureReal estate counts toward the North Dakota $100,000 but cannot pass by the affidavit, which reaches only debts owed to the decedent, tangible personal property, instruments and securities (N.D.C.C. § 30.1-23-01(1) and (2)). North Dakota has no separate real-property affidavit. Land passes outside probate if the owner recorded a transfer on death deed with the county recorder before death (N.D.C.C. ch. 30.1-32.1) or held it in joint tenancy, in which case the survivor records a certified death certificate with the legal description (§ 47-19-06). Otherwise heirs may establish title without administration by proof of the decedent's ownership, the death and their relationship (§ 30.1-20-01), or a personal representative transfers it by a deed of distribution after informal probate, which costs $160 to open.

Start the Free Probate Assessment

Main Requirements

Whole Estate of $100,000 or Less, Net of Liens

N.D.C.C. § 30.1-23-01(1)(a) caps the value of the entire estate subject to distribution or succession, wherever located, less liens and encumbrances, at $100,000 for deaths on or after August 1, 2025. Real property counts toward it at its equity.

Thirty Days Have Passed Since the Death

Required by § 30.1-23-01(1)(b).

No Personal Representative Application Anywhere

No application or petition for appointment of a personal representative may be pending or granted in any jurisdiction, in North Dakota or elsewhere (§ 30.1-23-01(1)(c)).

The Signer Is Entitled to the Property

Section 30.1-23-01(1)(d) requires the claiming successor to be entitled to payment or delivery of the property, under the will or under intestate succession.

Personal Property Only

The affidavit reaches debts owed to the decedent, tangible personal property, and instruments evidencing a debt, obligation, stock or chose in action, and requires a transfer agent to re-register securities. Land needs another route.

A Will Does Not Close the Route

The affidavit is not limited to estates without a will. A probated will is usually needed to prove a transfer, but N.D.C.C. § 30.1-12-02 excepts the small estate affidavit.

Available Small-Estate Options

Small Estate Affidavit, N.D.C.C. § 30.1-23-01

Limit: Entire estate, wherever located, less liens and encumbrances, at $100,000 or less ($50,000 for deaths before August 1, 2025). Collects debts owed, tangible personal property, instruments and securities; cannot transfer land
Real Estate: Not included
Timeline: Usable 30 days after the death, then as long as each holder takes to pay or deliver
Typical Fee: $0. Never filed. Notary fee and certified death certificates at $15 for the first copy and $10 for each additional copy

Summary Administration, N.D.C.C. §§ 30.1-23-03 and 30.1-23-04

Limit: No dollar figure. The estate, net of liens, must not exceed the homestead (up to $150,000 over liens), $15,000 of exempt property, the family allowance and the administration, funeral and last-illness costs
Real Estate: Can be included
Timeline: Commonly 2 to 6 months; needs an appointment and an inventory but no notice to creditors
Typical Fee: $160 to open, the same as any probate

Informal Probate, N.D.C.C. §§ 30.1-14-02 and 30.1-14-07

Limit: No dollar threshold. The ordinary route for an uncontested estate, including one with land
Real Estate: Can be included
Timeline: Commonly 6 to 12 months; a closing statement waits 3 months after the first publication and mailing of any notice to creditors
Typical Fee: $160 to open, the same in all 53 counties

The house counts toward $100,000 but the affidavit cannot move it.

The North Dakota condition families miss is the measure, not the waiting period. Section 30.1-23-01(1)(a) adds up the entire estate, wherever located, net of liens, so a house in the decedent's own name counts toward the $100,000 even though the affidavit can never transfer it. A family that leaves the house out of the total is relying on a figure the statute does not support. Add the house in first, and if it was covered by a transfer on death deed recorded before the death, leave it out, because it passed outside the estate.

Step-by-Step Process

Add Up the Whole Estate, House Included

N.D.C.C. § 30.1-23-01(1)(a) measures the value of the entire estate subject to distribution or succession, wherever located, less liens and encumbrances. Count solely owned bank and brokerage accounts, vehicles, household goods, money owed to the decedent, and real estate at its value minus the mortgage. Land in another state counts too. Leave out joint, payable-on-death and transfer-on-death assets.

Check the Total Against the Limit for the Date of Death

Covered in the "Do you qualify?" checklist at the top of this page.

Wait 30 Days and Confirm Nobody Has Opened an Estate

Covered in the "Do you qualify?" checklist at the top of this page.

Sign the Affidavit Before a Notary

Only a successor entitled to the property under the will or North Dakota intestacy can sign (§ 30.1-23-01(1)(d)). The affidavit is not a court filing, so no court form is required. For a vehicle, the Department of Transportation publishes its own version, SFN 2916, which states the $100,000 figure.

Present It to Each Holder

Give the signed affidavit and a certified death certificate to each bank, company or person holding property. A transfer agent must re-register a security on presentation (§ 30.1-23-01(2)). A holder who pays or delivers on the affidavit is discharged as if it had dealt with a personal representative, and one who refuses can be compelled in a proceeding brought for that purpose (§ 30.1-23-02).

For a Vehicle, Retitle It With the Department of Transportation

Submit SFN 2916 signed before a notary, the North Dakota title, a certified death certificate and SFN 2872, claiming the inheritance exemption, at any motor vehicle site or by mail. The title fee is $5, plus a branch fee at a branch site, and an inherited vehicle is exempt from the motor vehicle excise tax (§ 57-40.3-04(5)(a)).

Plan a Separate Route for Any Land

The affidavit cannot transfer real estate. Check the county recorder for a transfer on death deed recorded before the death, or a joint tenancy the survivor can close by recording a certified death certificate. Otherwise the land needs proof of heirship under § 30.1-20-01 or a personal representative appointed in a probate that costs $160 to open.

County Note: The affidavit never goes to a courthouse, and the court would not vary by county anyway: the district court hears probate in all 53 counties under one statewide filing fee. What is local is the county recorder, who records a transfer on death deed, a death certificate ending a joint tenancy, or a deed of distribution for land, at the statewide fee in N.D.C.C. § 11-18-05.

FAQ: North Dakota Small Estate Affidavit

Does North Dakota have a small estate affidavit?

Yes. N.D.C.C. § 30.1-23-01 lets a successor collect the decedent's personal property with a sworn affidavit when 30 days have passed since the death, the entire estate, wherever located, less liens and encumbrances, is $100,000 or less, no personal representative application is pending or granted anywhere, and the signer is entitled to the property. It is presented to whoever holds the property and is not filed with a court.

What is the North Dakota small estate limit?

$100,000 for deaths on or after August 1, 2025, measured net of liens and encumbrances across the whole estate, wherever located. 2025 House Bill 1224 raised it from $50,000, which had applied since August 1, 2005. The act has no transition clause, so for a death before August 1, 2025 the limit in force at the death was $50,000, and the law does not say which figure applies when that estate is settled now. The figure is not indexed for inflation.

Does the house count toward the North Dakota limit?

Yes, at its equity. Section 30.1-23-01(1)(a) measures the entire estate with no exclusion for real estate, so a house with $60,000 of equity adds $60,000. The affidavit still cannot transfer the house, and North Dakota has no real-property affidavit. A house covered by a transfer on death deed recorded before the death passes outside probate and is not counted. Whether the home the decedent lived in counts in full when a surviving spouse or minor children hold a homestead estate in it is not settled by the statute, so ask a North Dakota lawyer before relying on the affidavit for an estate near the limit that includes a home.

How do heirs transfer North Dakota land without a probate?

Three ways, none of them the small estate affidavit. A transfer on death deed recorded with the county recorder before the death passes the land to the beneficiary (N.D.C.C. ch. 30.1-32.1). A surviving joint tenant records a certified death certificate with the legal description (§ 47-19-06). And heirs may establish title without administration by proof of the decedent's ownership, the death and their relationship (§ 30.1-20-01). Otherwise a personal representative is appointed in a probate that costs $160 to open.

What is North Dakota summary administration?

A second small-estate route with no dollar figure. Under N.D.C.C. § 30.1-23-03, if the inventory and appraisal show the entire estate, less liens and encumbrances, does not exceed the homestead as defined in § 47-18-01 (up to $150,000 over liens), $15,000 of exempt property, the family allowance, administration costs, reasonable funeral expenses and last-illness medical and hospital expenses, the personal representative may distribute without giving notice to creditors and close by a sworn statement under § 30.1-23-04. It needs an appointed personal representative, so it costs the same $160 to open as any probate.

How much does a North Dakota small estate affidavit cost?

No court fee, because the affidavit is never filed with a court. Expect a notary fee for signing, and certified death certificates at $15 for the first copy and $10 for each additional copy ordered at the same time, the caps in N.D.C.C. § 23-02.1-29(1). Retitling a vehicle adds a $5 title fee and a branch fee at a branch site.

Official Forms, Sources, and VerificationOfficial references used for this page

N.D.C.C. § 30.1-23-01, (3-1201) Collection of personal property by affidavitNorth Dakota Legislative Council. North Dakota Century Code, current official text, accessed September 28, 2026.
N.D.C.C. § 30.1-23-02, (3-1202) Effect of affidavitNorth Dakota Legislative Council. North Dakota Century Code, current official text, accessed September 28, 2026.
N.D.C.C. § 30.1-23-03, (3-1203) Small estates - Summary administrative procedureNorth Dakota Legislative Council. North Dakota Century Code, current official text, accessed September 28, 2026.
N.D.C.C. § 30.1-23-04, (3-1204) Small estate - Closing by sworn statement of personal representativeNorth Dakota Legislative Council. North Dakota Century Code, current official text, accessed September 28, 2026.
N.D.C.C. § 30.1-20-01, (3-901) Successors' rights if no administrationNorth Dakota Legislative Council. North Dakota Century Code, current official text, accessed September 28, 2026.
2025 House Bill No. 1224 (S.L. ch. 319), enrolled version 25.0889.02000North Dakota Legislative Council. Session law, effective August 1, 2025, accessed September 28, 2026.
N.D.C.C. § 47-18-01, Homestead exemption - Area and valueNorth Dakota Legislative Council. North Dakota Century Code, current official text, accessed September 28, 2026.
N.D.C.C. § 30.1-07-01, (2-403) Exempt propertyNorth Dakota Legislative Council. North Dakota Century Code, current official text, accessed September 28, 2026.
N.D.C.C. § 30.1-32.1-02, Transfer on death deed authorizedNorth Dakota Legislative Council. North Dakota Century Code, current official text, accessed September 28, 2026.
SFN 2916, Affidavit for Collection of Personal Property of the Decedent - NDCC 30.1-23-01North Dakota Department of Transportation, Motor Vehicle Division. SFN 2916 (4-2026), accessed September 28, 2026.
Certified Copies of Death RecordsNorth Dakota Department of Health and Human Services. Agency fee page, accessed September 28, 2026.

Information current as of May 31, 2026

Settled Estate is not a law firm, and this content is for informational purposes only and does not constitute legal advice. Probate laws and procedures in North Dakota can change. Consult with a qualified attorney for advice specific to your situation. Full disclaimer.