Short answer. Up to $100,000; 30 days after the death; notarized; handed to the holder.
At a glance
- Limit
- The entire estate, wherever located, less liens and encumbrances, up to $100,000, with no real property in the probate estate.
- Wait after death
- Thirty days after the death.
- Notary
- Signed and dated in front of a notary public or clerk of court.
- Where it goes
- Presented to whoever holds the property; no court filing.
- Official form
- Form 1, Affidavit for Collection of Personal Property of the Decedent. The state courts' self-help form. Open it
- Simplified procedure
- Small estates summary administrative procedure (30.1-23-03). When the estate after liens is no more than the homestead, exempt property, family allowance, administration, funeral and last-illness costs, the personal representative may distribute without notice to creditors.
In the official wording
Limit
"does not exceed $100,000.00"
Wait
"Thirty (30) days have elapsed since the death of the decedent."
Notary
"This form must be signed & dated in front of a notary public or clerk of court."
Get it notarized online today
Online notary: open now until 9 PM ET · sessions by appointment · times confirmed by email
A New Jersey notary can notarize this with you on a video call, wherever you are in the U.S. $50 for the session, $10 for each extra signer. Any other fee shows in the booking form before you confirm. Open 7 am to 9 pm ET, every day, by appointment.
What you need
- A valid government photo ID
- A computer or phone with a camera
- The unsigned document
Our certificate states the act was performed using communication technology, as New Jersey law requires. What it must say
Most U.S. recipients accept a remotely notarized document; check with whoever will receive it. What to ask them · Several signers
Three example estates
For a death on November 13, 2025, the stated limit gives:
- $25,000: under the stated limit. See why
- $90,000: under the stated limit. See why
- $150,000: over the stated limit. See why
Your own numbers: open the checker for this state.
Where an affidavit has to be notarized or sworn: MCC Solutions notarizes in New Jersey, with a mobile notary who comes to you and remote online notarization. Elsewhere, a local notary can help. Family far from the estate? Our estate paperwork help sends a local runner or notary to order records, pick up papers and get the affidavit signed, in any state.
Official sources
- N.D.C.C. chapter 30.1-23, Collection by affidavit; small estates (North Dakota Legislature) (checked November 2026)
- North Dakota Courts self-help Form 1, Affidavit for Collection of Personal Property of the Decedent (checked November 2026)
General information, not legal advice; we are not lawyers. Each holder may still ask for its own form, and a lawyer can confirm whether the estate qualifies.
Common questions
What is the small estate limit in North Dakota?
Up to $100,000. The entire estate, wherever located, less liens and encumbrances, up to $100,000, with no real property in the probate estate.
How long after a death can the North Dakota affidavit be used?
30 days. Thirty days after the death.
Does a North Dakota small estate affidavit need a notary?
Yes. Signed and dated in front of a notary public or clerk of court.
Is it filed with a court in North Dakota?
No. Presented to whoever holds the property; no court filing.
Can real estate pass this way in North Dakota?
Owning it rules the procedure out.
Is there an official North Dakota form?
Form 1, Affidavit for Collection of Personal Property of the Decedent. The state courts' self-help form.
All states: small estate affidavit by state · North Carolina · Ohio · Small estate affidavit: signing and notary checks