Estate Planning for Divide County, North Dakota Property Owners

For most Divide 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 Divide 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 Divide 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 Divide County

A transfer on death deed names a beneficiary who receives Divide 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 →Divide Countysigning requirements →

Where to Record Property Documents

Deeds and other real property documents for Divide County are recorded with the County Recorder, led by County Recorder Christina Running, at 200 N Main St, Crosby, ND 58730. Phone: 701-965-6661. Hours: Mon-Fri 8:30am-12:00pm, 1:00pm-5:00pm (CST).

Documents submitted by mail go to PO Box 68, Crosby, ND 58730.

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 Divide County. A transfer on death deed is exempt from transfer tax.

Recording Office Record

County Recorder

Divide County · County Recorder · Christina Running

Address

200 N Main StCrosby, ND 58730Mailing: PO Box 68, Crosby, ND 58730

Fax

701-965-6428

Hours

Mon-Fri 8:30am-12:00pm, 1:00pm-5:00pm (CST)
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 Divide County

FirmWilliston, ND

Furuseth Olson & Evert, P.C.

Williston firm serving Williams County and the Bakken. Handles ancillary probate where the decedent lived elsewhere but owned North Dakota property, and opens probate so mineral and royalty rights pass from parents or grandparents once an oil company makes contact. Walks families through inventorying the estate, testing it against the $50,000 threshold, and noticing heirs.

PracticesEstate PlanningTrust AdministrationProbate

Office
107 Main StreetWilliston, ND 58801

FirmWatford City, ND

Johnson & Sundeen, Ltd.

Since 1980

Watford City firm in McKenzie County, at the center of the Bakken. Handles personal representative appointments, testate and intestate probates, heirships, and probate litigation including challenges to a representative’s actions — and the release of suspended oil and gas revenue, where operators withhold royalties pending a probate or title cure.

PracticesEstate PlanningTrust AdministrationProbateOil Gas Law

Office
109 5th Street SWWatford City, ND 58854

FirmWilliston, ND

MacMaster, Geltel & Siewert, Ltd.

Williston general practice serving Williams County and northwestern North Dakota, with two attorneys both admitted in North Dakota in 2011 and a retired founding partner. Handles estate planning and probate alongside real estate and family law. The firm has no website; contact is by phone or email.

PracticesEstate PlanningProbate

Office
323 Main StreetWilliston, ND 58801

FirmWilliston, ND

McKennett Forsberg, P.C.

Serves northwestern North Dakota and northeastern Montana from Williston and Watford City, for more than 60 years. Represents families through probate whether the decedent died with or without a will, and keeps a dedicated probate paralegal on staff. Also handles oil and gas interests and land ownership in producing territory.

PracticesEstate PlanningTrust AdministrationProbate

Office
314 1st Avenue EastWilliston, ND 58802

FirmWilliston, ND

Neff Law, P.C.

The longest-standing firm in Williston, serving Williams County and the Bakken. Curative probate is a named specialty: resolving the land and mineral title problems that surface on inherited property, with work alongside the oil companies operating the wells folded into the probate as standard. Also serves heirs living far from North Dakota, and handles farm succession.

PracticesEstate PlanningProbateBusiness Succession

Office
1500 14th Street W, Suite 200Williston, ND 58802

FirmWilliston, ND

Pippin Law Firm

Williston firm licensed in North Dakota, Montana, Wyoming, and South Dakota, which suits an estate spread across state lines. Handles probates and heirship matters, determines mineral ownership, and gets royalty funds released from suspense. Founder Malcolm Pippin has been a CPA since 1986. Consultation fees are paid upfront.

PracticesEstate PlanningTrust AdministrationProbateWills

Office
111 East BroadwayWilliston, ND 58801
See all 11 firms serving Divide 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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