How to Fill Out North Dakota Small Estate Affidavit (w/Examples) + FAQs

The North Dakota Small Estate Affidavit โ€” officially the Affidavit for Collection of Personal Property of the Decedent (Form 1) โ€” is a sworn statement that lets an heir collect a deceased person’s bank accounts, paychecks, stocks, and other personal property without opening a full probate case. You use it when the estate is small, no real estate is involved, and no court-appointed personal representative exists. The form is built on North Dakota Century Code Chapter 30.1-23, the state’s “Collection by Affidavit” law.

This single page can save a grieving family months of court time and hundreds of dollars in fees. North Dakota lets you skip probate when the estate’s value, less liens, stays at or below the limit confirmed by the State of North Dakota Courts and the Social Security POMS guide, which is $50,000. Get one box wrong, though, and a bank can reject the affidavit on the spot, forcing you back to square one. This guide walks you through every line, in plain words, so the asset holder pays you the first time.

Here is what you will learn in this guide:

  • ๐Ÿ“‹ What the affidavit is, who can sign it, and the exact dollar and time limits that decide if you qualify.
  • ๐Ÿ—‚๏ธ Every document, ID, and number you must gather before you open the form.
  • โœ๏ธ A line-by-line walkthrough of each field, with sample entries, edge cases, and the mistakes that get affidavits bounced.
  • ๐Ÿ‘จโ€๐Ÿ‘ฉโ€๐Ÿ‘ง Three real-world filled-out examples you can copy for bank accounts, a vehicle, and a final paycheck.
  • โ“ Answers to the most common questions, including how vehicles, debts, and joint accounts are handled.

What the Form Is and Who Must File It

The Affidavit for Collection of Personal Property of the Decedent is a notarized, out-of-court document. It tells a bank, employer, brokerage, or other holder that you are the rightful “successor” of someone who died and that the law requires them to hand the property to you. Under N.D.C.C. ยง 30.1-23-01, the holder must release the asset once you present a proper affidavit. You are not asking a judge for permission; you are giving a sworn legal demand to whoever controls the money or property.

You file it when four things are true. The estate’s value, less liens and encumbrances, does not exceed $50,000. At least 30 days have passed since the death. No application or petition for a personal representative is pending or has been granted anywhere. And you are legally entitled to the property as an heir or beneficiary. If any one of these is false, the affidavit does not work, and you likely need informal or formal probate instead.

Who actually signs it is the “successor” โ€” usually a surviving spouse, an adult child, a parent, or another heir under North Dakota’s intestate succession rules. If a valid will names beneficiaries, those people are the successors. Government agencies use a special version too; the North Dakota Department of Human Services files a near-identical affidavit under ยง 50-06-05.1(25) to recover Medicaid costs. For most families, though, the signer is one heir collecting one or two accounts.

A quick word on real estate. This affidavit cannot transfer land or a house. The moment real property is in the estate, you are outside the small estate path and into probate court. Vehicles are different โ€” they are personal property, but North Dakota routes them through a separate motor vehicle form, covered later in this guide.

Before You Start: Documents and Information You Need

Gather everything first. The affidavit itself is short, but the asset holder will want backup proof, and missing one item can stall the whole transfer. Here is your pre-filing checklist, with why each item matters.

  • Certified death certificate. Order several certified copies from the North Dakota Department of Health Vital Records. Every bank and the DMV will keep one. Without it, no holder will release a dime.
  • The decedent’s full legal name and last address. Holders cross-check this against their account records; a nickname or old address can trigger a “no match” denial.
  • Date of death. You need this to prove the 30-day clock has run. Guessing the date can void the sworn statement.
  • Your full legal name, address, and relationship to the decedent. This establishes you as the successor. A vague relationship statement invites questions about your right to the property.
  • A clear list of the property you are claiming. Account numbers, the employer’s name for a final paycheck, stock certificate numbers, or a vehicle’s VIN. Holders will not “guess” what you mean.
  • The estate’s total value, less liens. You must swear it is at or below $50,000. Underestimating to qualify is perjury; overestimating wrongly disqualifies you.
  • Proof there is no probate case. Call the Clerk of District Court in the county where the decedent lived. An open probate case kills the affidavit.
  • A will, if one exists. It proves who the beneficiaries are. If there is no will, North Dakota’s intestate rules decide, so know where you fall in line.
  • Your government photo ID. The notary and the holder will both ask for it to confirm you are who you say you are.
  • Notary access. The affidavit must be signed in front of a notary public. Banks, credit unions, and shipping stores often have one.

If you are missing the death certificate or proof of no probate, stop and get those first. They are the two items that most often hold up a transfer.

Where to Get the Form and How to Access It

The official Form 1, Affidavit for Collection of Personal Property of the Decedent, is published by the courts and available as a free PDF on the North Dakota Courts self-help page. Download it, print it, and check the revision date printed in the footer so you know you have the current version. Using an outdated draft is a common reason a careful bank pushes back.

You can also use the fillable template hosted by legal form providers such as eForms, which mirrors the statutory language word for word. These are fine, but the safest route is the court’s own PDF because it tracks any legislative change to Chapter 30.1-23. Whichever copy you use, the affidavit must contain the four sworn statements the law requires, or the holder can reject it.

For vehicles, you need a different document entirely. The North Dakota Department of Transportation provides Form SFN 2916, Affidavit for Collection of Personal Property of the Decedent, used to transfer a titled car, truck, boat, or trailer. You present that one at a Motor Vehicle office, not a bank. You can book an appointment online or call toll free at 1-855-633-6835.

You do not file the standard affidavit with any court. There is no filing fee and no court clerk to satisfy. You simply complete it, get it notarized, and hand a signed copy to each holder of the decedent’s property. That is the feature that makes this path so fast compared with probate.

Step-by-Step: How to Fill Out the North Dakota Small Estate Affidavit Line by Line

Work through the form top to bottom. Use black ink or type the entries, and write sample answers exactly as shown. Each section below covers what the field asks, how to answer it, a real example, an edge case, the common mistake plus its consequence, and a misconception to drop.

1. Affiant’s Name and Identifying Information

This opening line asks for your full legal name โ€” the person signing the affidavit, called the “affiant.” You are swearing the statements are true, so the form must show who is speaking. Write your name as it appears on your government ID, last name and first name in full, with no nicknames.

For example, Sarah J. Lindgren writes her full legal name on the affiant line, not “Sally.” She is the decedent’s adult daughter, and she will sign at the bottom under the same name.

A common edge case is a name change after marriage or divorce. If your ID shows Sarah J. Lindgren but the death certificate lists you as a relative under your maiden name, add a short note such as formerly Sarah J. Olson so the holder connects the two. The most frequent mistake here is using a casual nickname, which causes the bank to reject the affidavit because the signer’s name does not match the photo ID. People wrongly believe the affiant must be the executor; in fact, any qualified successor heir can sign, even when no executor was ever named.

2. Decedent’s Full Legal Name

This field asks for the full legal name of the person who died. The holder uses it to find the matching account or asset on their books. Enter the name exactly as it appears on the death certificate and the financial records, including any middle name or suffix.

For example, Harold W. Lindgren, Sr. is entered exactly as shown on his death certificate, because his bank account and his certificate of death both carry the “Sr.” suffix.

The tricky case is a decedent who used different versions of their name across accounts โ€” say Harold Lindgren at the bank but Harold William Lindgren on a stock certificate. List the fullest legal version and be ready to show both. The common mistake is dropping a suffix or middle name, which makes the holder’s name search fail and stalls the release. Many filers assume the name on the affidavit just has to be “close enough”; holders treat any mismatch as a red flag and will pause processing until it is resolved.

3. Date and Place of Death

Here the form asks when and where the decedent died. The date proves the 30-day waiting period has passed, and the place confirms North Dakota jurisdiction. Write the date in MM/DD/YYYY format and the city, county, and state of death.

For example, 03/02/2026 in Bismarck, Burleigh County, North Dakota tells any holder that more than 30 days have run by the time the affidavit is presented in May.

A nuance arises when the person died out of state but lived in North Dakota. Use the actual place of death on this line, but the decedent’s North Dakota residence still drives which county’s clerk you call about probate. The common mistake is entering a date fewer than 30 days back, which makes the affidavit legally premature and gives the holder grounds to refuse. Some people think the 30 days run from the funeral or the date you found out; the law counts from the actual date of death.

4. Statement of Estate Value (Under the $50,000 Limit)

This is the heart of the affidavit. It asks you to swear that the value of the entire estate subject to succession, wherever located, less liens and encumbrances, does not exceed $50,000. You are certifying the estate qualifies as “small.” Add up all probate personal property the decedent owned, subtract debts secured against it, and confirm the result is at or below the limit.

For example, Sarah adds Harold’s checking account of $12,400, a savings account of $9,100, and a final paycheck of $3,200, for a total of $24,700, well under the cap, and she checks the box swearing the estate is at or below $50,000.

The edge case that trips people up is what counts toward the cap. Joint accounts with right of survivorship, payable-on-death accounts, and life insurance with a named beneficiary pass outside probate and do not count, so leave them out. The common mistake is including those non-probate assets and wrongly concluding you blew past $50,000, which sends you into needless probate. The opposite mistake โ€” hiding assets to squeeze under the cap โ€” is perjury under oath and can expose you to personal liability. Note also that the statute’s printed text references a higher figure, but the current ND Courts form and SSA’s guidance operate on the $50,000 ceiling, so use $50,000 and confirm with the holder if in doubt.

5. Statement That 30 Days Have Elapsed

This line asks you to swear that at least 30 days have passed since the death. The waiting period gives any would-be personal representative time to step forward. Check or complete the statement only once a full 30 days have run from the date in Section 3.

For example, because Harold died on 03/02/2026, Sarah can sign this statement any time on or after 04/01/2026, and she dates the affidavit accordingly.

A nuance: some holders quietly want more cushion and prefer you wait until you also have a certified death certificate in hand, which can take a couple of weeks. The common mistake is presenting the affidavit on day 25 or day 28, which makes the sworn statement false and voids the document. A widespread misconception is that you can sign now and “use it later” โ€” but the statement must be true on the day you sign before the notary, not the day you eventually walk into the bank.

6. Statement That No Personal Representative Is Pending or Appointed

This field requires you to swear that no application or petition for the appointment of a personal representative is pending or has been granted in any jurisdiction. It protects holders from paying the wrong person. Before you sign, call the Clerk of District Court in the decedent’s county to confirm no probate file exists.

For example, Sarah phones the Burleigh County Clerk of District Court, confirms no probate case is open for Harold, and then checks this statement on the form.

The edge case is an estate where a relative quietly started probate in another state. “Any jurisdiction” means anywhere, so a Minnesota filing counts and disqualifies the affidavit. The common mistake is assuming no probate exists without checking, which makes the sworn statement false and can make you personally answerable to a later-appointed representative under ยง 30.1-23-02. Many people think a will automatically means probate is “open”; a will sitting in a drawer is not a pending court case, so the affidavit can still be used.

7. Statement of the Affiant’s Right to the Property

Here you swear that you, as the claiming successor, are entitled to payment or delivery of the property. This is where you explain why the property is yours โ€” as heir, beneficiary under a will, or surviving spouse. State your relationship and the legal basis for your claim.

For example, Sarah writes that she is the adult daughter and sole surviving heir of Harold W. Lindgren, Sr., who died without a will, and is therefore entitled under North Dakota intestate succession.

The nuance appears when several heirs share equal rights, such as three siblings. Each may need to sign, or the others may sign a statement consenting to one sibling collecting on behalf of all. The common mistake is one heir claiming the full asset when others have equal rights, which exposes that signer to claims from the co-heirs and possible liability. People often assume “next of kin” automatically means sole heir; North Dakota’s intestate succession rules may split the estate among several relatives.

8. Description of the Property Being Claimed

This section asks you to identify exactly what you are collecting. Vague entries get rejected, so list each asset with its identifying detail โ€” account numbers, the holder’s name, stock counts, or a paycheck amount. Be specific enough that the holder can locate the exact asset.

For example, Sarah writes Checking account #4821 and savings account #7710 at Dakota Community Bank, plus final wages owed by Northern Plains Logistics, Inc. on the property line.

An edge case is property held by several different institutions. You can list multiple assets on one affidavit, but each holder usually wants its own signed, notarized original naming its asset, so plan to make several certified copies. The common mistake is writing something generic like “all bank accounts,” which a holder will reject because it cannot confirm what to release. A frequent misconception is that one affidavit forces every institution to act; in practice each holder reviews its own copy and its own named asset before paying.

9. Affiant’s Signature and Date

This is where you sign under oath. Your signature turns the document into a sworn statement subject to perjury penalties. Do not sign until you are in front of the notary; sign your full legal name and enter the date you sign.

For example, Sarah J. Lindgren signs in blue ink as the notary watches and writes the date 04/01/2026 beside her signature.

The nuance: if two or more heirs must sign, each signs in the notary’s presence, and the notary acknowledges each one. The common mistake is signing the form at home beforehand, which the notary cannot then properly notarize, making the document defective and unusable. People sometimes believe an electronic or photocopied signature is fine; holders and the DMV generally require an original wet signature with an original notary seal.

10. Notary Public Acknowledgment

The final block is completed by the notary, not you. The notary verifies your identity, watches you sign, and stamps the document. This step is what gives the affidavit its legal weight under North Dakota law. Bring valid photo ID and let the notary fill in the date, county, commission expiration, and seal.

For example, a notary at Dakota Community Bank confirms Sarah’s driver’s license, watches her sign, then completes the acknowledgment with the seal and the commission expiration date.

A nuance for out-of-state signers: a successor living in Minnesota can use a Minnesota notary, since a valid acknowledgment from another state is generally honored. The common mistake is a missing seal or an expired notary commission, which makes the entire affidavit invalid and forces you to start over. Many people think any witness can substitute for a notary; North Dakota requires a commissioned notary public, not a casual witness.

Three Filled-Out Examples Using Real Scenarios

Below are three of the most common situations North Dakota families face. Each follows one named person through the affidavit from top to bottom.

Scenario 1: Sarah Collects Her Father’s Bank Accounts

Sarah’s father, Harold, died in Bismarck with no will, two bank accounts, and a final paycheck โ€” about $24,700 total and no real estate.

Form Section What Sarah Enters
Affiant name Sarah J. Lindgren
Decedent’s name Harold W. Lindgren, Sr.
Date and place of death 03/02/2026, Bismarck, Burleigh County, ND
Estate value statement $24,700, which is at or below $50,000
30 days elapsed Yes โ€” signed on or after 04/01/2026
No personal representative Confirmed with Burleigh County Clerk
Right to property Adult daughter and sole heir, no will
Property described Checking #4821 and savings #7710, Dakota Community Bank; final wages from Northern Plains Logistics
Signature and date Sarah J. Lindgren, 04/01/2026

Scenario 2: Marcus Transfers His Late Wife’s Pickup Truck

Marcus’s wife, Elena, died owning a 2019 pickup worth about $19,000 and a small savings account. The truck must move through the DOT using Form SFN 2916.

Form Section What Marcus Enters
Affiant name Marcus T. Reyes
Decedent’s name Elena M. Reyes
Date and place of death 01/15/2026, Fargo, Cass County, ND
Estate value statement $22,500, at or below $50,000
30 days elapsed Yes โ€” presented in March 2026
No personal representative Confirmed with Cass County Clerk
Right to property Surviving spouse
Property described 2019 Ford F-150, VIN 1FTEW1E5XKFA12345; savings #**3302
Signature and date Marcus T. Reyes, 03/01/2026

Marcus brings the notarized SFN 2916, the certified death certificate, and the title to a Motor Vehicle office appointment to retitle the truck in his name.

Scenario 3: Janet Claims Her Brother’s Final Paycheck and Brokerage Account

Janet’s brother, Paul, died single and intestate with a final paycheck and a small brokerage account totaling about $31,000.

Form Section What Janet Enters
Affiant name Janet K. Osei
Decedent’s name Paul A. Osei
Date and place of death 02/10/2026, Minot, Ward County, ND
Estate value statement $31,000, at or below $50,000
30 days elapsed Yes โ€” signed 03/12/2026
No personal representative Confirmed with Ward County Clerk
Right to property Sister and heir; parents deceased, no spouse or children
Property described Final wages from Prairie Tech LLC; brokerage acct #**9088 at Midwest Securities
Signature and date Janet K. Osei, 03/12/2026

Janet gives one notarized original to her brother’s employer and a second notarized original to the brokerage, since each holder wants its own copy.

How to File the Completed Form

For most assets, you do not “file” the standard affidavit with any court. You present it to the holder of the property. Make enough notarized originals so each institution gets one, attach a certified death certificate, and bring your photo ID.

  • Banks and credit unions. Take the notarized affidavit and a certified death certificate to the branch holding the account. There is no fee. Many banks release funds within a few business days, though some route it to a legal department, which can take one to two weeks. Keep a stamped or signed receipt as proof you delivered it.
  • Employers (final wages). Hand or mail the notarized affidavit and death certificate to the employer’s payroll or HR office. There is no fee. Processing usually follows the next payroll cycle. Send by certified mail and keep the green return receipt as proof of delivery.
  • Brokerages and transfer agents. Mail the notarized affidavit, death certificate, and any stock certificates to the firm’s estate-processing address. Under ยง 30.1-23-01(2), the transfer agent must re-register the securities in your name. Expect two to four weeks and keep tracking records.
  • Vehicles (DOT). This is the one channel with an office visit. Bring the notarized SFN 2916, the title, and the death certificate to a Motor Vehicle office; book online or call 1-855-633-6835. You pay the standard title transfer fee and applicable taxes. Keep your new title and registration as proof.

Whatever the channel, never hand over your only original. Keep at least one notarized copy and one certified death certificate for your own records in case a second holder surfaces.

What Happens After You File

Once a holder accepts a valid affidavit, the law is on your side. Under ยง 30.1-23-02, the bank, employer, or agent that pays you is “discharged and released” exactly as if they had dealt with a court-appointed personal representative. They do not have to verify your statements or police how you use the money. That legal shield is why holders are usually willing to release assets on the affidavit alone.

If a holder refuses without good reason, the same statute lets you go to court to compel payment. You can file a small proceeding to prove your right, and a judge can order the holder to release the asset. This is rare, but it is your remedy if a stubborn institution stalls.

Be aware of your ongoing duty. The person who receives property is “answerable and accountable” to any later-appointed personal representative or anyone with a superior right. If a will surfaces, a creditor appears, or another heir steps forward, you may have to share or repay. Keep careful records of what you collected and how it was distributed.

Finally, remember that collecting an asset does not erase the decedent’s debts. Valid creditors can still seek payment from what you received. Settle known debts before distributing funds to yourself or other heirs to avoid personal exposure.

Mistakes to Avoid When Filling Out the Form

  • Signing before 30 days have passed. The affidavit becomes legally premature, and any holder can reject it.
  • Counting joint or payable-on-death accounts toward the cap. You may wrongly think you exceed $50,000 and waste money on probate you did not need.
  • Including real estate. Real property disqualifies the affidavit entirely and forces you into probate court.
  • Using a nickname for the affiant or decedent. Name mismatches trigger holder “no-match” holds that freeze the transfer.
  • Failing to call the Clerk of Court about probate. A pending case in any jurisdiction voids your sworn statement.
  • Signing the form at home before seeing the notary. The notary cannot properly acknowledge a pre-signed document, making it defective.
  • Writing vague property descriptions like “all accounts.” The holder cannot identify the asset and will refuse to release it.
  • Forgetting the certified death certificate. Almost no holder releases property without one attached.
  • Making only one original. Each institution wants its own notarized copy, so a single original stalls multi-asset estates.
  • Understating the estate value to qualify. This is perjury and can make you personally liable to creditors and other heirs.
  • Using an outdated form version. A careful holder may reject a draft that no longer matches the statute.
  • Distributing funds before paying known debts. Creditors can pursue you personally for amounts you handed out too soon.

Do’s and Don’ts

Do’s

  • Do wait the full 30 days from the date of death, because signing early makes your sworn statement false.
  • Do order several certified death certificates, since every holder keeps one and reorders cost time.
  • Do confirm no probate is open with the county Clerk of Court, because a pending case voids the affidavit.
  • Do list exact account numbers and VINs, so holders can locate and release the right asset.
  • Do sign in front of the notary, because an unwitnessed signature cannot be acknowledged.
  • Do keep copies and delivery receipts, so you can prove what you presented and when.

Don’ts

  • Don’t include real estate, because land cannot pass through this affidavit and disqualifies it.
  • Don’t count survivorship or POD assets toward the $50,000 cap, since they pass outside probate.
  • Don’t use the standard form for vehicles, because the DOT requires Form SFN 2916 instead.
  • Don’t distribute money before debts are settled, or creditors may come after you personally.
  • Don’t hand over your only original, since a second holder may surface later.
  • Don’t guess the estate value, because both under- and over-stating it create serious problems.

Pros and Cons of Filing on Your Own vs. With Help

Filing the affidavit yourself is realistic for most small, simple estates, but professional help makes sense when the facts get messy. Here is how the two approaches compare.

Filing on Your Own Filing With an Attorney’s Help
Pro: No legal fees, so you keep more of the estate. Pro: A lawyer confirms you truly qualify and avoids costly missteps.
Pro: Fast โ€” you can collect assets in days, not months. Pro: Helpful when heirs disagree or several share equal rights.
Pro: Simple for a single bank account or paycheck. Pro: Useful when out-of-state assets or property complicate the cap.
Pro: Full control over the timing and process. Pro: Reduces your personal liability if a creditor or will appears.
Pro: Free court self-help forms are available online. Pro: Can pivot you smoothly into probate if you do not qualify.
Con: You bear the perjury and liability risk alone. Con: Attorney fees eat into a small estate.
Con: Easy to misjudge what counts toward $50,000. Con: Slower than a quick do-it-yourself filing.
Con: A rejected affidavit costs you time to redo. Con: May be overkill for one simple account.
Con: No one double-checks your sworn statements. Con: You still must gather the same documents.
Con: Harder when multiple heirs are involved. Con: Finding a probate attorney takes time.

Affidavit vs. Other North Dakota Estate Options

The small estate affidavit is just one of three ways to settle an estate in North Dakota. Knowing the difference keeps you from picking the wrong path.

Small Estate Affidavit Probate / Summary Administration
For personal property only, no real estate. Summary administration and probate can transfer real estate.
Value, less liens, at or below $50,000. Used when the estate is larger or holds land.
No court filing or fee for most assets. Requires court involvement and filing fees.
Wait 30 days, then present to the holder. Personal representative is appointed by the court.
You are the “successor” who signs. A personal representative administers the estate.

Frequently Asked Questions (FAQs)

Does North Dakota make me file the small estate affidavit with a court?

No. For banks, paychecks, and stocks, you present the notarized affidavit directly to the holder. There is no court filing or fee, except vehicles, which go through a DOT Motor Vehicle office.

Is there a waiting period before I can use the affidavit?

Yes. You must wait at least 30 days from the date of death before signing or presenting the affidavit, under N.D.C.C. ยง 30.1-23-01.

Can I use the affidavit if the estate includes a house or land?

No. Real estate disqualifies the small estate affidavit entirely. Estates with real property must go through North Dakota probate or another transfer procedure.

Does the value limit include joint or payable-on-death accounts?

No. Joint accounts with survivorship, payable-on-death accounts, and life insurance with a named beneficiary pass outside probate and do not count toward the $50,000 cap.

Do I write the decedent’s nickname or full legal name in the name box?

No. Always use the decedent’s full legal name exactly as it appears on the death certificate, because holders match it against their records.

In the value section, do I list gross value or value after debts?

No, not gross alone. You swear the value of the estate less liens and encumbrances does not exceed $50,000, so subtract secured debts first.

In the “right to property” box, do I list every heir or just myself?

No, not always just yourself. If several heirs share equal rights, each should sign or consent, or you risk liability to the co-heirs you left out.

Can I sign the affidavit at home before going to the notary?

No. You must sign in the notary’s presence. A pre-signed document cannot be properly notarized and will be treated as invalid.

Do I need a death certificate to go with the affidavit?

Yes. Nearly every holder requires a certified copy of the death certificate attached to the affidavit before releasing any property.

Can I use this affidavit to transfer the decedent’s car?

No, not the standard form. Vehicles require Form SFN 2916 from the North Dakota Department of Transportation, presented at a Motor Vehicle office.

Will the bank be protected if it pays me on the affidavit?

Yes. Under ยง 30.1-23-02, a holder that pays on a valid affidavit is discharged just as if it dealt with a court-appointed personal representative.

Am I responsible if a will or creditor shows up later?

Yes. You remain accountable to any later-appointed personal representative or person with a superior right, so keep records and settle debts before distributing.

Can heirs in another state sign the North Dakota affidavit?

Yes. An out-of-state successor may sign before a notary in their own state, and a valid acknowledgment from another state is generally honored.

What if there are several heirs who all want to collect?

Yes, they can share. Multiple heirs may each sign the affidavit, or the others can consent in writing to one heir collecting on behalf of all.