ND estate risk

Probate risk in North Dakota

Court-supervised estate process, timing, cost exposure, and public record requirements.

North Dakota allows collection of personal property by affidavit for small estates after a 30-day waiting period when no real property is involved.

How long does probate typically take here?What costs and fees should families expect?What becomes public during probate?

At a glance

Key takeaways

Questions to consider

State overview

North Dakota allows collection of personal property by affidavit for small estates after a 30-day waiting period when no real property is involved.

At least 30 days must pass after death before using the affidavit.
The probate estate must be $100,000 or less, net of debts and encumbrances.
No real property may be part of the probated estate.
No probate case may be pending or completed in any jurisdiction.
The personal-property affidavit can be used only when no real property is part of the estate.

Sources

Background sources

Uniform Probate Code (2019) - Probate of wills and administration
Article III covers appointment, notices, creditor claims, and small-estate collection (Section 3-1201).

National sources provide baseline context; state statutes and court rules control in North Dakota.

Optional next steps

Educational resources only. No forms and no legal advice.

Context links

Understand death-risk context for North Dakota

LifeRiskIQ gives broader mortality context that can help frame when estate planning becomes more urgent.

Understand retirement-risk context for North Dakota

RetirementRiskIQ explains how asset growth and longevity can increase estate complexity over time.

Review federal estate tax basics

IRS guidance on federal estate tax thresholds, filings, and definitions.