Estate Planning for Burleigh County, North Dakota Property Owners

For most Burleigh 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.

Record a TOD deedWhere to recordLocal attorneys

For a Burleigh 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 Burleigh 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.

Without a recorded beneficiary designation or a trust, Burleigh County property passes through the District Court — even simple North Dakota probates run 4+ months and start with $160 in filing fees.

Record a Transfer-on-Death Deed in Burleigh County

A transfer on death deed names a beneficiary who receives Burleigh 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.

Create a North DakotaTOD deed →Burleigh Countysigning requirements →

Where to Record Property Documents

Deeds and other real property documents for Burleigh County are recorded with the County Recorder, led by County Recorder Missy Hanson, at 221 N 5th St, Bismarck, ND 58501. Phone: 701-222-6749. Hours: Mon-Fri 8:00am-5:00pm.

Documents submitted by mail go to PO Box 5518, Bismarck, ND 58506-5518.

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

Burleigh County accepts electronic recording through Simplifile / CSC / Indecomm / ePN.

Recording Office Record

County Recorder

Burleigh County · County Recorder · Missy Hanson

Address

221 N 5th StBismarck, ND 58501Mailing: PO Box 5518, Bismarck, ND 58506-5518

Fax

701-222-6717

Hours

Mon-Fri 8:00am-5:00pm

E-recording

Available via Simplifile / CSC / Indecomm / ePNE-recording info →
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)

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Verified September 7, 2026 · Source

Estate Planning Attorneys Serving Burleigh County

FirmBismarck, ND

Bormann, Myerchin, Espeseth & Edison, LLP

Since 1998

Bismarck firm founded in 1998, representing clients across North Dakota, South Dakota, and Minnesota. A separate probate administration practice handles distributing a decedent’s assets and contesting or defending wills, alongside estate planning aimed at probate avoidance, providing for minor children, estate tax, charitable giving, and incapacity.

PracticesEstate PlanningProbateBankruptcyBusiness Lawand 4 more

Office
418 E. Broadway Avenue, Suite 240Bismarck, ND 58501

Solo PracticeBismarck, ND

Chad Anderson Law Firm

Bismarck solo practice serving families throughout North Dakota. Handles probate and estate settlement, guardianships and conservatorships, and succession planning, along with wills, durable powers of attorney covering asset transfers, trust amendments, tax dealings and gifts, and health care directives. Probate and estate planning consultations are free.

PracticesEstate PlanningTrust AdministrationProbate

Office
407 East Avenue CBismarck, ND 58501
Free consultation

FirmBismarck, ND

Jackson, Welder & Arthurs, Inc.

Downtown Bismarck firm representing clients in the Bismarck-Mandan community and throughout North Dakota. Handles probate, wills, and estate planning for families settling a relative’s affairs, and petitions for guardianship and conservatorship where a vulnerable family member needs one appointed.

PracticesEstate PlanningProbateGuardianshipBusiness Law

Office
400 East Broadway Avenue, Suite 303Bismarck, ND 58501

FirmBismarck, ND

Kellington & Oster, PC

Bismarck practice serving Bismarck and its surrounding communities. Attorney Theresa Kellington draws on more than 33 years in estate planning and probate, and is direct with families weighing self-filing: probate can be done alone, but has many steps and is easy to misstep through when unfamiliar. Also handles wills naming guardians for minor children.

PracticesEstate PlanningTrust AdministrationProbateWills

Office
619 Riverwood Dr, Suite 202Bismarck, ND 58504

FirmBismarck, ND

Knoll Leibel LLP

Bismarck firm serving families across North Dakota. Represents a relative seeking appointment as personal representative, a representative administering an estate, or an heir needing guidance, through valuing assets, paying debts and taxes, and distributing under a will or North Dakota’s intestate laws. Separate estate litigation and claims-against-fiduciaries practices.

PracticesEstate PlanningTrust AdministrationProbateProbate LitigationWills

Office
1915 N. Kavaney Dr., #3Bismarck, ND 58501
Free consultation

Solo PracticeBismarck, ND

Law Office of Janel C. Frank

Bismarck practice serving central and western North Dakota. Estate planning runs from wills, powers of attorney, and health care directives through revocable living trusts, mineral trusts, and tax-driven vehicles including GRATs, QPRTs, life insurance trusts, and special needs and charitable trusts. Also advises on ancillary probate for out-of-state decedents.

PracticesEstate PlanningTax PlanningProbate Administration

Office
200 East Main Avenue, Suite 201Bismarck, ND 58501
See all 22 firms serving Burleigh 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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