§ 30.1-23-01 — (3-1201) Collection of personal property by affidavit

North Dakota § 30.1-23-01

• Jurisdiction: North Dakota
• Title 30.1: Uniform Probate Code
• Ch. 30.1-23: Collection by Affidavit - Administration for Small Estates

Text

1. Thirty days after the death of a decedent, any person indebted to the decedent or
having possession of tangible personal property or an instrument evidencing a debt,
obligation, stock, or chose in action belonging to the decedent shall make payment of
the indebtedness or deliver the tangible personal property or an instrument evidencing
a debt, obligation, stock, or chose in action to a person claiming to be the successor of
the decedent upon being presented an affidavit made by or on behalf of the successor
stating that:
a. The value of the entire estate subject to distribution or succession under chapters
30.1-01 through 30.1-23, wherever located, less liens and encumbrances, does
not exceed one hundred thousand dollars.
b. Thirty days have elapsed since the death of the decedent.
c. An application or petition for the appointment of a personal representative is not
pending or has not been granted in any jurisdiction.
d. The claiming successor is entitled to payment or delivery of the property.
2. A transfer agent of any security shall change the registered ownership on the books of
a corporation or limited liability company from the decedent to the successor upon the
presentation of an affidavit as provided in subsection 1.