North Dakota Small Estate Affidavit Checker

$100,000 today — not the $50,000 many guides still cite

Genuinely important: as of 2025, the threshold is $100,000. House Bill 1224, passed by North Dakota's 69th Legislative Assembly and signed by the Governor on March 21, 2025, amended N.D.C.C. 30.1-23-01 to raise this threshold from its prior level of $50,000. Some older sources still cite the $50,000 figure; the current, in-force threshold is $100,000.

Real property is never covered — including mineral rights

Real property is excluded and must go through District Court regardless of value. North Dakota's Bakken formation and other oil fields make mineral and oil rights a common probate asset, and these are classified as real property here — so they can't be transferred by this affidavit either.

Same 30-day wait as before the increase

The waiting period itself didn't change with HB 1224 — 30 days must still pass from the date of death before the affidavit can be used.

No court filing, presented directly

The affidavit is presented directly to whoever holds the property — a bank, for instance — with no court filing required.

North Dakota small estate — frequently asked questions

What is North Dakota's current small estate affidavit threshold?

$100,000, after House Bill 1224 raised it from $50,000, signed by the Governor on March 21, 2025 — many online guides still cite the older $50,000 figure.

How long must you wait to use the affidavit?

30 days after the date of death, unchanged by the 2025 threshold increase.

Does the affidavit ever reach real property?

No — real property is excluded and must go through District Court regardless of value, and this includes mineral and oil rights, which North Dakota classifies as real property.

Is court filing required for the affidavit?

No — it's presented directly to whoever holds the property, with no court filing required.

What if the estate is too large for the affidavit but still fairly small?

Summary administration may be available — a shortened version of full probate with fewer requirements and a faster timeline, still handled by the District Court.

This calculator provides an estimate for general guidance only and is not legal advice. Figures are based on N.D.C.C. §30.1-23-01, as amended by House Bill 1224 (2025). Actual eligibility depends on the estate's full facts. Confirm with the District Court or a licensed North Dakota attorney before acting.