After a death in North Dakota

Small estates

Collection of personal property by affidavit (N.D.C.C. 30.1-23-01): at least 30 days after death, a successor can collect personal property with a sworn affidavit if the whole estate, less liens, is $100,000 or less and no personal representative has been appointed or applied for.

• Limit: $100,000
• Waiting time after the death: 30 days
• Source: the official source

Probate court

In North Dakota, estates are handled by the District Court, usually in the county where the person lived.

Creditor claims: 3 months after the first publication of the notice to creditors.

Official court forms

Informal Probate | North Dakota Court System

Self-help page with a guidebook and forms for informal probate of an estate.

Small estate form: open the form

The small estate affidavit is for estates under $100,000 and is given to whoever holds the property, not filed with the court.

Estate and inheritance tax

• State estate tax: No. North Dakota has no estate tax.
• Inheritance tax: No. North Dakota has no inheritance tax.

The federal estate tax applies only to very large estates. Most families do not owe it.

Property that passes outside probate

• Transfer on death deed for a home: Yes. Transfer on death deed under North Dakota’s Uniform Real Property Transfer on Death Act (N.D.C.C. chapter 30.1-32.1). It must be recorded with the county recorder before death.
• Community property state: No.

Accounts with a named beneficiary, jointly owned property and property in a living trust usually pass directly, without probate, in every state.

Wills

Signing a will: Signed by the will maker and two witnesses. A self-proving affidavit before a notary lets the court accept the will without witness testimony.

Handwritten wills: Valid if the signature and important parts are in the will maker’s handwriting (N.D.C.C. 30.1-08-02).

Power of attorney and health care directive

Health care directive: Health Care Directive (N.D.C.C. chapter 23-06.5): names a health care agent and can give instructions. Signed before a notary or two qualified witnesses; the agent cannot be a witness. A statutory form is in the law.

Death certificates

Certified copies come from the North Dakota Health and Human Services, Vital Records (Bismarck). The funeral home can usually order them for you.

Most families need 6 to 12 certified copies. Banks, insurers and brokerages usually want a certified copy.

Also good to know

North Dakota follows the Uniform Probate Code, so many estates can use informal probate or the small estate affidavit. There is no estate or inheritance tax.