Estate Planning for Benson County, North Dakota Property Owners

For most Benson County homeowners, the house is what drags an estate into probate. A transfer-on-death deed or a living trust keeps it out—here is how to set up either one and record it locally.

For a Benson County property owner, the biggest probate risk is the home itself. Real estate is what forces most families into the District Court. The two tools that keep a Benson County home out of probate are a transfer-on-death deed recorded with the County Recorder, and a revocable living trust that holds title to the property.

Skipping this planning step means the District Court decides who receives the property: a simple North Dakota probate takes 4+ months and opens with $160 in court filing fees.

Record a Transfer-on-Death Deed in Benson County

A transfer on death deed names a beneficiary who receives Benson County property automatically at the owner's death, without probate. It is recorded with the County Recorder during the owner's lifetime and can be revoked at any time.

Before recording, a North Dakota transfer on death deed is signed with notary acknowledgmentNDCC 30.1-32.1-01 to 30.1-32.1-14Verified Aug 24, 2026View source. The deed takes effect only if it is recorded before the owner's deathNDCC 30.1-32.1-01 to 30.1-32.1-14Verified Aug 24, 2026View source.

Where to Record Property Documents

Deeds and other real property documents for Benson County are recorded with the County Recorder, led by County Recorder Rhoda Pfeifer, at 311 B Ave S, Minnewaukan, ND 58351. Phone: 701-473-5340. Hours: Mon-Fri 8:30am-12:00pm, 12:30pm-4:30pm (CT).

Documents submitted by mail go to PO Box 193, Minnewaukan, ND 58351.

The County Recorder charges $20 for the first 6 pages plus $3 for each page beyond 6. A 2-page transfer on death deed costs $20 to record in Benson County. A transfer on death deed is exempt from transfer tax.

Recording Office Record

County Recorder

Benson County · County Recorder · Rhoda Pfeifer

Address

311 B Ave SMinnewaukan, ND 58351Mailing: PO Box 193, Minnewaukan, ND 58351

Fax

701-473-5571

Hours

Mon-Fri 8:30am-12:00pm, 12:30pm-4:30pm (CT)
Visit recorder website →

Recording fees

Base fee (first 6 pages)$20
Each page beyond 6$3
Transfer tax on a TOD deedExempt

N.D.C.C. § 11-18-05(1)(a) (tiered recording fee); § 11-18-05(1)(a)(2)-(4) (font, legal description, 3-inch first-page header space); § 11-18-05(1)(d) (1-inch margin rule and $10 nonconformance fee); § 11-18-05(2) (filing fee); § 11-18-05(3) (copy fees)

Verified September 7, 2026 · Source

Estate Planning Attorneys Serving Benson County

Serves Cavalier and Pembina counties from Cavalier, with a second office in Walhalla open by appointment. Handles settling a loved one’s estate and navigating probate court, and treats guardianship as a specialty — contested and uncontested, adults and minors, including annual reports and modifying or terminating one. Four attorneys, 80-plus years combined.

PracticesEstate PlanningProbateTax PlanningAgricultural LawReal Estate Law

Office
208 West Second Avenue SouthCavalier, ND 58220

FirmDevils Lake, ND

LS Law Group, PC

Serves north-central and northeastern North Dakota from Devils Lake and Park River, for nearly 20 years. Guides personal representatives through compiling the inventory, notifying and paying creditors, and distributing assets. Attorney Tracy Laaveg has extensive experience establishing guardianships and conservatorships; the firm also does title opinions, title insurance, and farm leases.

PracticesEstate PlanningProbateGuardianshipReal Estate Law

Office
304 4th Street NE, Suite 1Devils Lake, ND 58301

Solo PracticeLangdon, ND

Mondragon Law Office

Solo practice in Langdon, one of two law offices in the Cavalier County seat. Angelo Mondragon has been admitted in North Dakota since 2020 and took over R. Scott Stewart’s practice at the same address; the firm is registered as R. Scott Stewart P.C. d/b/a Mondragon Law Office. He also serves as Cavalier County State’s Attorney. No website; contact by phone.

PracticesEstate PlanningProbateGuardianshipReal Estate Law

Office
306 9th AvenueLangdon, ND 58249

Solo PracticeDevils Lake, ND

Swenseth Law Office, PLLC

Serves rural North Dakota from Devils Lake, with meeting space in Grand Forks and Fargo. Handles probate and trust administration, Medicaid asset protection, special needs and life insurance trusts, and farm and business succession for families, farmers, and small businesses. An attorney and a CPA are both on staff, so estate accounting and tax work stay in one office.

PracticesEstate PlanningTrust AdministrationProbateTax PlanningBusiness Succession

Office
418 Fourth Ave NEDevils Lake, ND 58301

FirmWest Fargo, ND

Ohnstad Twichell, P.C.

Serves Cass, Traill, and Benson counties from five offices in West Fargo, Casselton, Hillsboro, Page, and Maddock. Addresses newly named personal representatives and successor trustees directly: cataloging and valuing assets, filing court documents, paying creditor claims and estate taxes, and distributing to heirs, with litigation when disputes arise.

PracticesEstate PlanningTrust AdministrationProbateElder Law

Office
444 Sheyenne Street, Suite 102West Fargo, ND 58078

FirmBismarck, ND

Crowley Fleck PLLP

Since 1895 · Serves the whole state

Bismarck office of a regional firm, the largest of its North Dakota offices, with a second office in Williston. Guides personal representatives and trustees through asset management, estate and gift tax returns, fiduciary accountings, elective share and allowances, and beneficiary and creditor claims, and carries trust and estate disputes through appeal.

PracticesEstate PlanningTrust AdministrationBusiness SuccessionEstate Tax PlanningProbate Administration

Office
100 West Broadway Avenue, Suite 250Bismarck, ND 58501
See all 10 firms serving Benson County→

Firm listings are for informational purposes only. SimplyTrust does not endorse or recommend any specific firm or attorney. Contact firms directly to verify their current practice areas and availability.

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