North Dakota probate code · checked October 2026
For money and belongings, North Dakota's affidavit limit is $100,000 — applied to the estate after the assets that pass automatically are taken out. The North Dakota affidavit collects personal property only; it does not transfer real estate. The affidavit, where one exists, cannot be used until 30 days have passed since the death.
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The affidavit limit today: $100,000, judged by the law in force on the date of death.
The paper: ND Probate Code Form 1 - Affidavit for Collection of Personal Property of the Decedent (N.D.C.C. 30.1-23-01).
How it moves: presented to whoever holds the property; no court case is opened.
The wait: 30 days after the death before the affidavit can be used.
For a surviving spouse: No different affidavit cap for a surviving spouse as sole heir.
| Track | Limit | How it works |
|---|---|---|
| Small-estate affidavit | $100,000 | Presented to whoever holds the property; no court case. Form: ND Probate Code Form 1 - Affidavit for Collection of Personal Property of the Decedent (N.D.C.C. 30.1-23-01). |
| Summary Administration (N.D.C.C. 30.1-23-03, UPC 3-1203) | — | Summary Administration (§ 30.1-23-03) has no fixed dollar cap — it follows the allowances-and-priority-claims formula. |
Vehicles are tangible personal property collectible by affidavit if the estate qualifies, with title handled through NDDOT; no separate vehicle exclusion from the cap was found in 30.1-23-01.
Affidavit must state the entire estate, less liens and encumbrances, does not exceed the cap, no PR application/petition is pending or granted, and the successor is entitled to the property; no express solvency condition beyond that netting was found.
Rules checked October 2026 · Sources: N.D.C.C. 30.1-23-01; 2025 ND HB 1224 (69th Legislative Assembly, signed by Governor Mar. 19, 2025, filed with Secretary of State Mar. 20, 2025); N.D.C.C. 30.1-23-02; N.D.C.C. ch. 30.1-23. This page reads the published law; it is not legal advice, and the court is the final word.