Estate Planning for Foster County, North Dakota Property Owners

For most Foster 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 Foster 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 Foster 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 Foster County

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

Where to Record Property Documents

Deeds and other real property documents for Foster County are recorded with the County Recorder, led by County Recorder Lynelle Lyman-Hoppe, at 1000 5th St N, Carrington, ND 58421. Phone: 701-652-2491. Hours: Mon-Fri 8:30am-12:30pm & 1:30pm-4:30pm.

Documents submitted by mail go to PO Box 76, Carrington, ND 58421.

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

Foster County accepts electronic recording through Simplifile.

Recording Office Record

County Recorder

Foster County · County Recorder · Lynelle Lyman-Hoppe

Address

1000 5th St NCarrington, ND 58421Mailing: PO Box 76, Carrington, ND 58421

Fax

701-652-2173

Hours

Mon-Fri 8:30am-12:30pm & 1:30pm-4:30pm

E-recording

Available via SimplifileE-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)

Open in Google Maps

Verified September 7, 2026 · Source

Estate Planning Attorneys Serving Foster County

FirmJamestown, ND

Dalsted & Ryan, P.C.

Since 1975

Jamestown firm established in 1975, with a branch office in Carrington and work across North Dakota. Handles probate of a will or an intestate estate, guardianships and conservatorships, and preparation of wills and trusts, powers of attorney, and health care directives. Real estate work includes title opinions and quiet title actions, which matter for farm estates.

PracticesEstate PlanningProbateGuardianship

Office
1015 5th Avenue NEJamestown, ND 58401

Solo PracticeCarrington, ND

Thomas J. Aljets Law Office

Solo practice in Carrington serving Foster County and south-central North Dakota. Thomas Aljets was admitted in North Dakota in 1978 and handles estate planning alongside family law and real estate. The office has no website; contact is by phone or email.

PracticesEstate PlanningFamily LawReal Estate Law

Office
1405 Main StreetCarrington, ND 58421

FirmValley City, ND

Kennelly Business Law

Serves North Dakota and Minnesota from Valley City, Fargo, and Wahpeton. Estate work covers wills, trusts, guardianships and conservatorships, powers of attorney, and probate, and the firm takes estate disputes from both sides — challenging a will or an executor’s conduct, or defending one. Business succession is the focus; the lead attorney is a trained CPA.

PracticesEstate PlanningProbateBusiness LawReal Estate Law

Office
253 Central Avenue NEValley City, ND 58072

Solo PracticeJamestown, ND

Kropp Law Offices, P.C.

Solo practice in Jamestown serving Stutsman County and south-central North Dakota. Handles wills, living wills, powers of attorney, trusts, and probate as one of four practice lines, alongside criminal defense, personal injury, and family law. Lawrence Kropp was admitted in North Dakota in 1984.

PracticesEstate PlanningProbate Administration

Office
105 10th Street SEJamestown, ND 58401

Solo PracticeJamestown, ND

Larson Law Firm

Solo practice in Jamestown serving Stutsman County and south-central North Dakota. Joseph Larson II was admitted in North Dakota in 1975 and handles estate planning, wills, probate, powers of attorney, real estate, and adult guardianship. The firm has no website; contact is by phone or email.

PracticesEstate PlanningProbateGuardianshipReal Estate LawWills

Office
2411 Highway 281 SJamestown, ND 58401

FirmJamestown, ND

Ottmar & Ottmar, P.C.

General practice in Jamestown serving Stutsman County and south-central North Dakota, now carried by Steven T. Ottmar after both founding attorneys retired. Practice lines are elder law, estate planning and probate, wills and trusts, real estate, family law, and personal injury.

PracticesEstate PlanningProbateElder LawReal Estate LawWills

Office
226 2nd Avenue SWJamestown, ND 58402
See all 15 firms serving Foster 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.

SimplyTrustSimplyTrust Editorial·

Legal Sources

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

North Dakota Estate Planning Articles

Estate planning articles for North Dakota.