A North Dakota transfer on death deed is used by a real estate owner to transfer property to a beneficiary when they die without the need for probate administration. The deed doesn’t take effect until the owner passes away, after which the property automatically transfers to the beneficiary along with any debts or encumbrances attached to the title. If joint owners execute the deed, the property will only transfer to the beneficiary following the death of the last surviving joint owner. At any time following the deed’s execution, the owner or owners may terminate the document by recording a revocation instrument or another deed that expresses their intention to revoke.
- Statutes: Ch. 47-10 (Real Property Transfers), Ch. 47-19 (Record Title) & Ch. 30.1-32.1 (Uniform Real Property Transfer on Death Act)
- Formatting: § 11-18-05(1)(a)(1) thru (4), § 11-18-05(1)(d) & § 30.1-32.1-06
- Signing Requirements (§ 47-19-03): Notary Public
- Where to Record (§ 47-19-07): County Recorder’s Office
- Recording Fees (§ 11-18-05(1)(a)): $20 for deeds consisting of one (1) to six (6) pages; $65 for deeds consisting seven (7) to twenty-five (25) pages + $3 for each additional page.
- An extra $1 recording fee is required whenever a deed lists more than ten (10) sections of land.