Affidavit for Collection of Personal Property of the Decedent

The Affidavit for Collection of Personal Property of the Decedent allows the person entitled to receive the property of the deceased individual to present the Affidavit to whoever holds personal property for transfer. The Affidavit for Collection of Personal Property of the Decedent does not require you to file anything with a North Dakota state court.

The Affidavit for Collection of Personal Property of the Decedent may be used if the estate meets the following requirements:

• At least 30 days have passed since the individual died;
• The total value of the probated property (minus any debts or other encumbrances on the property) is less than $50,000.00;
• No real property (real estate) is part of the probated estate;
• No probate case is started or completed in a North Dakota state district court, a court of any other state, or a tribal court; and
• The person claiming the personal property by affidavit is entitled the property by will or intestate succession.

If you determine the estate meets the requirements, you may wish to contact the holder of the personal property to find out if they will accept the Affidavit as a way to transfer the property.

Forms

The North Dakota Supreme Court has assembled a guidebook, Informal Administration of an Estate, and a series of forms that may be used with it. The Affidavit for Collection of Personal Property of the Decedent is Form 1 in the guidebook.

(Please note that the top right of Form 1 has a space for a probate case number. If you decide you meet the requirements for the Affidavit, you can ignore the top right of Form 1. You do not file the affidavit with a North Dakota state court.)

Selected Statutes (Laws) & Rules

• North Dakota Century Code Title 30.1: Uniform Probate Code
• North Dakota Century Code Chapter 30.1-04: Intestate Succession
• North Dakota Century Code Chapter 30.1-23: Collection by Affidavit - Administration for Small Estates

Other Resources

• Informal Probate
• Formal Probate
• Legal Research Resources for Affidavit to Collect Personal Property of Decedent (Flickertale, June 2020, Pages 13-14)
• Filing Fee Waiver Request

If you do not understand any of this information, or if you have trouble filling out any of the forms located here, please see an attorney for help.

The information provided on and obtained from this site does not constitute the official record of the Court. This information is provided as a service to the general public. Any user of this information is hereby advised that it is being provided "as is". The information provided may be subject to errors or omissions. Visitors to this site agree that the Court is not liable for errors or omissions of any of the information provided.

If you have a question relating to a case that is already filed please contact the clerk of court for the county.