In many states the law provides an informal means or process for administering small estates, as defined by the state’s statutes.

For example, in some states an estate under a certain value may be distributed using an affidavit known as a small estate affidavit that is signed by the persons to whom the estate’s assets are to be distributed and two disinterested witnesses.

And other states have a simplified small estate process under which the successor to an interest in real property may petition the court to transfer the real property and recognize the transfer of personal property.

Laws vary from state to state and a state’s informal process for administering a small estate is usually located in the state’s statutes—often in the estates code or probate code.

In North Dakota, the law provides a simplified process for administering small estates through the use of an affidavit procedure. According to North Dakota Century Code (NDCC) Section 30.1-23-01, if the value of the entire estate, less liens and encumbrances, does not exceed $50,000, an interested party may use an affidavit to collect personal property of the decedent. This process allows for the transfer of assets without formal probate. The affidavit must state that at least 30 days have elapsed since the death of the decedent, that no application or petition for the appointment of a personal representative is pending or has been granted in any jurisdiction, and that the claiming successor is entitled to the property. Additionally, North Dakota law provides for a summary administration process for estates under a certain value, which simplifies the probate process. An attorney can provide guidance on the specific requirements and procedures for using a small estate affidavit or summary administration in North Dakota.