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House Judiciary committee backs raising small-estate affidavit limit to $100,000
Summary
The House Judiciary Committee recommended a do-pass on House Bill 1224, which would increase the simplified affidavit threshold for small estates under North Dakota's Uniform Probate Code from $50,000 to $100,000; the recommendation passed 14-0.
BISMARCK, N.D. ' The House Judiciary Committee voted unanimously to recommend passage of House Bill 1224, which would raise the dollar threshold for the simplified small-estate affidavit from $50,000 to $100,000.
Representative Lawrence Clamine, sponsor and representative for District 47, told the committee the statute in question is section 30.12301 of the North Dakota Century Code, part of the Uniform Probate Code, and that the existing affidavit process allows a successor to collect personal property such as bank accounts without formal probate once 30 days have passed. Clamine said the $50,000 limit was last set in 2005 and that, "based on inflation ... $50,000 in 2005 is now over $80,000 in 2025," supporting an increase to $100,000.
The bill would let individuals collect personal property of a decedent by affidavit where the estate's personal property value does not exceed $100,000. Clamine said a simplified affidavit avoids district-court probate, publication costs, filing fees and attorney fees and estimated the simplified procedure could save small successors "probably ... a $1,000 or better" in estate-administration costs.
Committee members asked practical questions about real property, vehicles and Medicaid claims. Clamine and other members explained that interests in real property often require a separate probate or other procedures (for example, deeds for joint tenancy require recording a death certificate), and that life insurance, transfer-on-death accounts or joint accounts typically bypass probate. On vehicles, Clamine said titles can be changed under Department of Transportation processes.
No public testimony opposed the bill. Representative Twyte moved a do-pass recommendation and Representative McLeod seconded. The clerk's roll call recorded a 14-0 recommendation for do pass; the committee named Representative Wolf as the bill carrier.
The bill would amend an existing century-code provision; the committee recorded no additional appropriation or implementation details in the hearing.
