Section 30.1-23-02 of the North Dakota Century Code provides that the person paying
the successor pursuant to an affidavit is discharged and released to the extent as
if that person dealt with the personal representative of the decedent. The person
is not required to inquire into the truth of any statement in the affidavit. If any
person to whom an affidavit is delivered refuses to pay, payment may be compelled
through judicial process. Any person to whom payment is made is answerable and accountable
therefore to any personal representative of the estate or to any other person having
a superior right.
Note that the entire Section “C. Policy – summary administration by personal representative”
has been deleted. This section is based on North Dakota Century Code sections 30.1-23-03
through 04, which deal with the closing of an estate by a personal representative,
and are therefore not applicable to the underpayment of benefits, by SSA.