Free North Dakota Affidavit of Heirship Form

How the North Dakota Affidavit of Heirship Works

The case of a lost relative or friend is a complicated situation since they have property and assets which can be difficult to manage without a will. In other cases, heirs may use the North Dakota Affidavit of Heirship Form or other affidavits to claim some assets without having to use a full probate process. This is, however, limited by the type of property and state laws.

What Is an Affidavit of Heirship Form in North Dakota?

An Affidavit of Heirship Form in North Dakota is a proclamation made by a knowledgeable witness or an heir and is sworn to be a family of the person who has died and includes legal heirs. North Dakota lacks a statutory heirship affidavit to transfer real estate, but nevertheless, the concept finds certain applications, primarily in transferring mineral rights and personal property.

Small-Estate Affidavit for Personal Property

• Under N.D.C.C. § 30.1-23-01, heirs can use a small-estate affidavit to collect personal property without going through probate if:

  • More than 30 days have elapsed after death.

  • The estate (less liens) is worth less than $50,000.

  • Real property is not a part of the estate.

  • There are no probate proceedings.

  This is very simple. The heir files the affidavit and a certified copy of the death certificate with the institution in which the property is held (a bank, stockbroker or vehicle title office). As soon as the institution acquires such, it is bound to free the assets where it has an immunity against liability.

Real Estate and Heirship Affidavits

There is no clear and specific way prescribed by the law of North Dakota of transferring real estate by heirs only using an affidavit. N.D. Cent. Code 47-19-11, however, allows a recording of an affidavit that explains the details of a real property and other related information. There is also an assumption ultimately that this document can be utilised as the prima facie because it is utilised as a legal record, yet it does not transfer ownership. Realistically, a legal heirship affidavit at times is used by heirs to specify the history of property ownership. This can be used to do research on titles, especially mineral rights; however, in most cases, oil and gas companies want formal probate procedures and a Personal Representative Deed to make a transfer of ownership.

Why Is It Important?

• Using the right affidavit can simplify the asset transfer process. For example:

  • In Fargo: A small-estate affidavit would get heirs a bank account of a loved one within minutes.

  • In Bismarck: Families who need to deal with change in ownership of vehicles can come out of court.

  • In Grand Forks or Minot: Families who need to deal with change in ownership of vehicles can come out of court.

  By cutting down on the time and legal fees these documents can help simplify estate settlement for families.

Steps to Complete an Affidavit of Heirship or Small-Estate Affidavit

• 1. Confirm Eligibility – Make sure the value limits and other requirements are met by the estate.

  2. Collect Documentation – Collect the death certificate, the description of properties and details of all heirs.

  3. Prepare the Affidavit – You must fill out in detail the family of the decedent and the property in question.

  4. Notarise the Document – Signatures in the Document must be acknowledged before a notary public.

  5. Present or Record – Concerning personal property, file an affidavit with the institution. In the case of descriptive real estate affidavits, submit to the county recorder.

Frequently Asked Questions

1. Can the affidavit be used for real estate?
Not for ownership transfer. A recorded affidavit may serve as evidence of facts related to the property, but probate is usually required for title changes.

2. Is there a time limit for filing Affidavit of Heirship in North Dakota?
For small estates, the affidavit can be used 30 days after death. There is no strict deadline for descriptive affidavits, but timely filing is recommended.

3. Do all heirs need to sign?
In small-estate cases, the affiant should be a rightful heir or devisee. For informal heirship affidavits, all heirs may sign to strengthen validity.

4. Can mineral rights be transferred without probate?
Sometimes companies accept an heirship affidavit, but many now require formal probate documentation.

Accessing the Right Form

To get a legally compliant and ready-to-use North Dakota Affidavit of Heirship Form, you may simply download the form from our website and fill it out. The document is customised according to state regulations and may assist in managing the estate issues efficiently and profitably, at the same time being legal.