Form 1 "Affidavit for Collection of Personal Property of the Decedent" - North Dakota

North Dakota Small Estate Affidavit Form: What Is It?

Filling in a North Dakota Small Estate Affidavit Form will allow an individual to collect a small estate from a deceased individual. This form will allow the individual to inherit the small estate in a much faster process. In legal terms, they will be the new owner after the initial owner passes.

Alternate Name:

  • NDPC FORM 1.

Having a North Dakota Small Estate Affidavit will mean that the long wait, particularly that of the probate procedure, will be avoided altogether. But there are specific criteria which must be taken into account before any small estates can be collected. These criteria will depend on the state you are living in; the criteria for North Dakota say that:

  • You can only file the document a minimum of thirty days after the individual passes away;
  • That there is a limit on the value of small estate. In North Dakota any small estate should not exceed the value of more than fifty thousand dollars. This is the overall maximal value and these numbers take into consideration the entire estate;
  • If the deceased had a safety deposit box, the person filing the form can get legal access to this box only to look for documentation concerning wills or instructions post death;
  • The affidavit should sign and this signature needs to be notarized.

A fillable North Dakota Small Estate Affidavit can be downloaded by clicking the link below.

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North Dakota Small Estate Affidavit: How to File?

Filing for a North Dakota Small Estate Affidavit is simple but can be slightly difficult if you do not know where to start. We have created a list to help you know where to start and what to do:

  • Wait the minimal amount of days (thirty) before filing the form;
  • Ensure with the Clerk of Court that there are no legal representatives;
  • Make a list of all properties within the small estate. This will show the true value of the estate;
  • Fill in the form by downloading one of our templates and following the steps in order;
  • After the form has been signed and notarized, the individual with the legal right to collect the property now has the power to do so. They must bring this document to whoever controls the small estate and show them the document, explaining what the form means and steps will be taken next.
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Download Form 1 "Affidavit for Collection of Personal Property of the Decedent" - North Dakota

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ND PROBATE CODE FORM 1 Page 1
09/04/19
AFFIDAVIT FOR COLLECTION OF PERSONAL PROPERTY OF THE DECEDENT. (N.D.C.C. 30.1-23-01).
Name, Address, and Telephone No. of Attorney
Attorney ___________________ for:
In the Matter of the Estate of _________________________________________________________, Deceased.
AFFIDAVIT FOR COLLECTION OF PERSONAL PROPERTY
OF THE DECEDENT
NORTH DAKOTA
STATE OF _________________ }
}
SS.
}
County of ___________________ }
_________________________________________________________________, being duly sworn, states the following:
1. I am the successor of __________________________________________________________________________
who died on _________________________________, ______________, because:
2. The value of the entire estate of the decedent, wherever located, less liens and encumbrances, does not exceed $50,000.
3. Thirty (30) days have elapsed since the death of the decedent.
4. No application or petition for the appointment of a personal representative of the decedent's estate is pending or has been
granted in any jurisdiction.
5. (a)
As successor of the decedent, I am entitled to the payment of any sums of money due and owing the decedent and to
the delivery of all tangible personal property belonging to the decedent and to the delivery of all instruments
evidencing a debt, obligation, stock or chose in action belonging to the decedent.
(b)
As successor of the decedent, I am entitled to payment or delivery of*
Page 1 of NDPC FORM 1
ND PROBATE CODE FORM 1 Page 1
09/04/19
AFFIDAVIT FOR COLLECTION OF PERSONAL PROPERTY OF THE DECEDENT. (N.D.C.C. 30.1-23-01).
Name, Address, and Telephone No. of Attorney
Attorney ___________________ for:
In the Matter of the Estate of _________________________________________________________, Deceased.
AFFIDAVIT FOR COLLECTION OF PERSONAL PROPERTY
OF THE DECEDENT
NORTH DAKOTA
STATE OF _________________ }
}
SS.
}
County of ___________________ }
_________________________________________________________________, being duly sworn, states the following:
1. I am the successor of __________________________________________________________________________
who died on _________________________________, ______________, because:
2. The value of the entire estate of the decedent, wherever located, less liens and encumbrances, does not exceed $50,000.
3. Thirty (30) days have elapsed since the death of the decedent.
4. No application or petition for the appointment of a personal representative of the decedent's estate is pending or has been
granted in any jurisdiction.
5. (a)
As successor of the decedent, I am entitled to the payment of any sums of money due and owing the decedent and to
the delivery of all tangible personal property belonging to the decedent and to the delivery of all instruments
evidencing a debt, obligation, stock or chose in action belonging to the decedent.
(b)
As successor of the decedent, I am entitled to payment or delivery of*
Page 1 of NDPC FORM 1
ND PROBATE CODE FORM 1 Page 2
09/04/19
___________________________________________________________________________________________________
___________________________________________________________________________________________________
___________________________________________________________________________________________________
___________________________________________________________________________________________________
___________________________________________________________________________________________________
belonging to the decedent and presently held by:
___________________________________________________________________________________________________
___________________________________________
Affiant Signature
__________________________________________
Affiant Address
__________________________________________
City, State, Zip Code
__________________________________________
Telephone Number
Subscribed and sworn to before me this ____________ day of _____________________________, __________.
____________________________________________
Notary Public or Clerk of Court
If Notary, my Commission expires: _____________________
____________________ County, _____________
*Specify debt, personal property, instrument, obligation, stock or chose in action.
Page 2 of NDPC FORM 1
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