Affidavit For Collection Of Personal Property

There are all sorts of forms executors, beneficiaries, and probate court clerks have to fill out and correspond with during probate and estate settlement, including affidavits, letters, petitions, summons, orders, and notices.

Affidavit For Collection Of Personal Property is a commonly used form within North Dakota. Here’s an overview of what the form is and means, including a breakdown of the situations when (or why) you may need to use it:

Atticus Fast Facts About Affidavit For Collection Of Personal Property

Sometimes it’s tough to find a quick summary— here’s the important details you should know about Affidavit For Collection Of Personal Property:

• This form pertains to the State of North Dakota

• The current version of this form was last revised on September 4, 2019

Government forms are not typically updated often, though when they are, it often happens rather quietly. While Atticus works hard to keep this information about North Dakota’s Form Form 1 - Affidavit For Collection Of Personal Property up to date, certain details can change from time-to-time with little or no communication.

Step 1 - Download the correct North Dakota form based on the name and ID if applicable

Double check that you have both the correct form name and the correct form ID. Some North Dakota probate forms can look remarkably similar, so it’s best to double, even triple-check that you’re using the right one! Keep in mind that not all States have a standardized Form ID system for their probate forms.

Step 2 - Complete the Document

Fill out all relevant fields in Form Form 1, take a break, and then review. Probate and estate settlement processes in ND are long enough to begin with, and making a silly error can push your timeline even farther back. No thank you!

Note: If you don’t currently know all of the answers and are accessing Form Form 1 online, be sure to avoid closing the browser tab and potentially losing all your progress (or use a platform like Atticus to help avoid making mistakes).

Step 3 - Have Form Form 1 witnessed or notarized (if required)

Some States and situations require particular forms to be notarized. If you have been instructed to get the document notarized or see it in writing on the document, then make sure to hire a local notary. There are max notary fees in the United States that are defined and set by local law. Take a look at our full guide to notary fees to make sure you aren’t overpaying or getting ripped off.

Step 4 - Submit Affidavit For Collection Of Personal Property to the relevant office

This is most often the local probate court where the decedent (person who passed away) is domiciled (permanently resides) or the institution involved with this particular form (e.g. a bank). Some offices allow you to submit forms online, other’s don’t, and we while we generally recommend going in-person to expedite the process, sometimes that simply isn’t an option.

It’s also a generally good idea to establish a positive working relationship with any probate clerk (unfortunately there’s enough people & process out there making things more difficult and unnecessarily confusing for them), so a best practice is to simply ask the probate clerk proactively exactly how and where they’d prefer you to submit all forms.

Need help getting in touch with a local probate court or identifying a domicile probate jurisdiction?

👉 Find and Contact your Local Probate Court

👉 What is a Domicile Jurisdiction?

Sponsored by Atticus App

Need help with North Dakota Probate?

Join all the other families who have trusted Atticus through probate, and experience the peace that comes from knowing you're taking the right steps, spending the least amount of money, and not wasting a single second.

Start for free

Different probate forms or processes can require different deadlines or response times for completing the appropriate form.

While some steps in the process are bound to specific deadlines (like petitioning for probate, having to submit an inventory of assets, or filing applicable notices to creditors and beneficiaries), many probate forms or processes are not tied to a specific deadline since the scope of work can vary based on situational factors or requirements involved.

Either way, there are a bunch of practical reasons why personal representatives should work to complete each step as thoroughly and quickly as possible when completing probate in North Dakota.

5 reasons you should submit Form 1 as quickly as possible:

1. The sooner you begin, the faster North Dakota can allow heirs and beneficiaries to get their share of assets subject to probate. Acting promptly can also decrease the costs & overall mental fatigue through an otherwise burdensome process.
   
   Helpful Context: What’s the Difference Between Probate and Non-Probate Assets?

2. In general, creditors of an estate usually have around 3-6 months from the time you file notice to creditors to file any claims for debt against the deceased’s assets. If they don’t, then that debt is forfeited (and more importantly, the executor won’t be held personally responsible). So doing this sooner means you have a better idea of who is owed what and ensures you won’t get a surprise collector months later.

3. Not filing a will within 30 days (on average) could mean that the probate process proceeds according to intestate laws (laws that govern what happens to someone's stuff without a will) or is subject to unnecessary supervision by the probate court. And if you aren't directly related to the deceased (a.k.a. next of kin), this could also mean you lose your inheritance.

4. It’s important to file any necessary state tax returns on behalf of the deceased or estate by the following tax season in North Dakota. If you don’t, you could owe penalties and interest. This also includes any necessary federal tax returns such as Forms 1040, 1041, or even a Form 706 estate tax return.

5. If a house in the State of North Dakota is left empty (or abandoned) for a while, insurance can get dicey. For example, if the house burns down and no one has been there for a year, an insurance company may get out of paying your claim.

If you’re not using Atticus to get specific forms, deadlines, and timelines for North Dakota probate, then try and stay as organized as possible, pay close attention to the dates mentioned in any correspondence you have with the State’s government officials, call the local North Dakota probate clerk or court for exact answers regarding Form Form 1, and when in doubt— consult a qualified trust & estates lawyer for that area.

Affidavit For Collection Of Personal Property is one of the many probate court forms available for download through Atticus.

It may also be available through some North Dakota probate court sites, such as . In order to access the latest version, be updated with any revisions, and get full instructions on how to complete each form, check out the Atticus Probate & Estate Settlement software or consider hiring a qualified legal expert locally within North Dakota.

While Atticus automatically provides the latest forms, be sure to choose the correct version of Form Form 1 - Affidavit For Collection Of Personal Property f using any other site or resource in order to avoid having to re-complete the form process and/or make another trip to the North Dakota probate court office.

Affidavit For Collection Of Personal Property is a .pdf, so opening it should be as simple as clicking “View Form” from within the Atticus app or by clicking the appropriate link found on any North Dakota-provided government platform. Once you’ve opened the form, you should be able to directly edit the form before saving or printing.

Here’s the text, verbatim, that is found on North Dakota Form Form 1 - Affidavit For Collection Of Personal Property. You can use this to get an idea of the context of the form and what type of information is needed.

(4/25/2022) (Form 1 Instructions) INSTRUCTIONS FOR FORM 1: AFFIDAVIT FOR COLLECTION OF PERSONAL PROPERTY OF THE DECEDENT ( 30.1-23-01) Form 1 allows personal property to transfer without court involvement. You DON’T file the Affidavit for Collection of Personal Property of the Decedent with a North Dakota state court. You may use the Affidavit if the estate meets the following requirements: •At least 30 days have passed since the person died; •The total net value of the probated property (minus any debts or other encumbrances on the property) is less than $50,000.00; •There’s NO real property (real estate) that is part of the probated estate (see the personal property and real property definitions on Page 16 of this guidebook); •No probate case is started or completed in a North Dakota state district court, a court of any other state, or a tribal court; and •The heir claiming the personal property by affidavit is entitled to it by will or intestate succession. The completed Affidavit is presented to whoever holds the personal property for transfer to the person entitled to receive it. If you need a court order to transfer the property, you can’t use this form. NOTE: You may wish to contact the holder of the personal property to find out if they will accept the Affidavit as a way to transfer the personal property to you. If the Affidavit won’t be accepted, see options B.1. and B.2. on Page 4 of this guidebook. If the deceased person didn’t leave a will, you’ll need to determine who the heirs of the estate are according to North Dakota’s intestate succession laws. Intestate succession laws dictate who takes the deceased person’s property if they died without a will. See Pages 8-9 of this guidebook for distribu tion of the estate if there’s no will. THE PERSON ENTITLED TO THE PROPERTY BY WILL OR INTESTATE SUCCESSION FILLS OUT THE FORM Name, Address, and Telephone No. of Attorney: Write “Not Applicable” in this section. In the Matter of the Estate of . . . : Fill in the name of the deceased person. State of: Fill in the name of th e state where you’ll sign the Affidavit (i.e., North Dakota). County of: Fill in the name of the county where you’ll sign the Affidavit. ______________________, being duly sworn . . . : Fill in your name, the name of the person completing and signing this Affidavit. Paragraph 1: Fill in the name of the deceased person and their date of death. Because: Fill in whether you were named in the will as the heir or successor. If there’s no will, your relationship to the deceased person from Pages 8-9 of this guidebook. Paragraphs 2, 3, 4: These statements must be true. Number 5(a): This statement must be true. Number 5(b): List the s pecific personal property you wish to collect. Belonging to the deceased and presently held by: Fill in the name of the entity (business, etc.) holding the personal property you wi sh to collect. Signature Block: This must be signed & dated in front of a notary public or clerk of court. If you need assistance with the form, consult an attorney licensed to practice in North Dakota. ND PROBATE CODE FORM 1 Page 1 09/04/19 AFFIDAVIT FOR COLLECTION OF PERSONAL PROPERTY OF THE DECEDENT. (N.D.C.C. 30.1-23-01). Name, Address, and Telephone No. of Attorney Attorney ____ _______________ for: ____________________ } } In the Matter of the Estate of _________________________________________________________, Deceased. AFFIDAVIT FOR COLLECTION OF PERSONAL PROPERTY OF THE DECEDENT STATE OF _________________ } SS. County of ___________________ } _________________________________________________________________, being duly sworn, states the following: 1. I am the successor of __________________________________________________________________________ who died on _________________________________, ______________, because: 2. The value of the entire estate of the decedent, wherever located, less liens and encumbrances, does not exceed $50,000. 3. Thirty (30) days have elapsed since the death of the decedent. 4. No application or petition for the appointment of a personal representative of the decedent's estate is pending or has been granted in any jurisdiction. 5. (a)As successor of the decedent, I am entitled to the payment of any sums of money due and owing the decedent and to the delivery of all tangible personal property belonging to the decedent and to the delivery of all instruments evidencing a debt, obligation, stock or chose in action belonging to the decedent. (b) As successor of the decedent, I am entitled to payment or delivery of*: Page 1 of NDPC FORM 1 ND PROBATE CODE FORM 1 Page 2 09/04/19 ___________________________________________________________________________________________________ ___________________________________________________________________________________________________ ___________________________________________________________________________________________________ ___________________________________________________________________________________________________ ___________________________________________________________________________________________________ belonging to the decedent and presently held by: ___________________________________________________________________________________________________ ___________________________________________ Affiant Signature __________________________________________ Affiant Address __________________________________________ City, State, Zip Code __________________________________________ Telephone Number Subscribed and sworn to before me this ____________ day of _____________________________, __________. ____________________________________________ Notary Public or Clerk of Court If Notary, my Commission expires: _____________________ ____________________ County, _____________ *Specify debt, personal property, instrument, obligation, stock or chose in action. Page 2 of NDPC FORM 1