Free North Dakota Transfer on Death Deed

In North Dakota, a transfer on death deed is signed before a notary, then recorded with the county before the owner's death.

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Owner Information

Enter your information as the property owner (transferor). If the property is jointly owned, you’ll add the second owner below.

How is the property owned?*

Choose “Jointly owned” if two people are on the title (e.g. spouses as joint tenants or tenants by the entirety). Both owners must sign.

I am the sole ownerJointly owned with one other person

First Name*

Middle Name

Last Name*

Street Address*

City*

State*

ZIP Code*

State Where Property Is Located*

County Where Property Is Located*

Email Address*

Phone Number*

Marital Status*

North Dakota law requires spousal joinder for certain property. Marital status determines whether a spouse consent section is included for this owner.

SingleMarriedDivorcedWidowed

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North Dakota prescribes no form. The deed must state that the transfer to the designated beneficiary is to occur at the transferor's death. NDCC 30.1-32.1-06(2).

A North Dakota transfer on death deed is recorded with the County Recorder for the county where the property sits and must be on record before the owner's death to take effect. The deed must be recorded before the transferor's death in the public records in the office of the county recorder of the county where the property is located.

Co-owners may sign one deed together. North Dakota offers a spouse's joinder signature because the effect of one spouse signing alone is unsettled; the document carries the signature line and a notice of the point.

North Dakota lapses the share of a beneficiary who dies before the owner. The deed can name a successor beneficiary to take in that case. If a beneficiary does not survive the transferor, that beneficiary's interest lapses. If this deed names a successor beneficiary for that beneficiary, the successor takes that interest.

The beneficiary takes the property subject to the mortgages, liens and other encumbrances on it at death. During your life a transfer on death deed does not affect your or the beneficiary's eligibility for any form of public assistance (NDCC 30.1-32.1-09(4)). The deed moves this parcel alone; a revocable living trust set up with SimplyTrust carries the rest of the estate.

North Dakota Transfer on Death Deed

North Dakota authorizes transfer on death deeds: a property owner names a beneficiary who receives the property at death — bypassing probate entirely for that asset. The owner retains full control during their lifetime, including the right to revoke the deed at any time.

Without a TOD deed, real property in North Dakota passes through probate — a process that takes at least 4 months for simple estates. A TOD deed removes that property from the probate estate entirely. Estates under $100,000 may qualify for simplified procedures, but a TOD deed avoids the process altogether. See the full cost breakdown with the probate calculator.

TOD deeds are a focused tool — one deed per property, covering only real estate. A revocable trust handles all assets and provides incapacity planning as well. The trust vs. will tool compares the two approaches side by side.

SimplyTrust Editorial·Updated October 17, 2026

Legal Sources

Data sourced from North Dakota statutes and official state code. How we research.

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In-depth guides covering North Dakota probate laws, trust requirements, and estate planning strategies.

Free North Dakota Transfer on Death Deed

In North Dakota, a transfer on death deed is signed before a notary, then recorded with the county before the owner's death.

Progress0%

North Dakota Transfer on Death Deed

Free North Dakota Transfer on Death Deed

Owner Information

Is this your situation?

New Home

Retirement

Forms for Planning Your Estate in North Dakota

Healthcare Power of Attorney

Financial Power of Attorney

Living Will

Last Will and Testament

Tools for Planning Your Estate in North Dakota

Do I Need a TOD Deed?

Do I Need a Vehicle TOD?

What Does Estate Planning Actually Cost?

How Much Life Insurance Do I Need?

Are My Beneficiary Designations Protected?

How Do I Sign Estate Documents?

Will My Estate Documents Transfer?

How Much Does Probate Cost?

When you're ready, we're here.

North Dakota Estate Planning Resources

Free North Dakota Transfer on Death Deed

Owner Information