For most McLean 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 McLean 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 McLean 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, McLean County property passes through the District Court — even simple North Dakota probates run 4+ months and start with $160 in filing fees.
A transfer on death deed names a beneficiary who receives McLean 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.
Deeds and other real property documents for McLean County are recorded with the County Recorder, led by County Recorder Heidi Anderson, at 712 5th Ave, Washburn, ND 58577. Phone: 701-462-8826.
Documents submitted by mail go to PO Box 1108, Washburn, ND 58577.
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 McLean County comes to $20. A transfer on death deed is exempt from transfer tax.
McLean County accepts electronic recording through NDRIN (records-access network, not an e-recording submission vendor).
Recording Office Record
McLean County · County Recorder · Heidi Anderson
Address
Phone
Fax
E-recording
Recording fees
| Base fee (first 6 pages) | $20 |
| Each page beyond 6 | $3 |
| Transfer tax on a TOD deed | Exempt |
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
FirmWashburn, ND
Two-attorney office in Washburn serving McLean County and the neighboring communities of Riverdale, Underwood, and Wilton. Handles wills and probate, including choosing an appropriate executor, estate tax issues, guardianships, living trusts, and updating an existing will by codicil, in a rural general practice.
PracticesEstate PlanningProbateBusiness LawReal Estate Law
FirmBismarck, ND
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
Solo PracticeBismarck, ND
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
FirmBismarck, ND
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
FirmBismarck, ND
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
FirmMandan, ND
Mandan firm serving the Bismarck-Mandan area and the rest of North Dakota, established in 1919. Represents personal representatives and executors through probate and estate administration, administers trusts, and resolves estate-related disputes, alongside wills, powers of attorney, and health care directives. The only North Dakota member of Meritas, a global alliance of independent law firms.
PracticesEstate PlanningTrust AdministrationProbateBusiness Lawand 2 more
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.
Data sourced from North Dakota statutes and official state code. How we research.
Estate planning articles for North Dakota.
Forms and tools for property owners in McLean County.
Create a revocable living trust to avoid probate, protect privacy, and control asset distribution.
Create a free, state-specific will with witness and notarization requirements included.
Transfer assets to your existing trust. State execution requirements included.
Transfer real property to a beneficiary upon your death without probate.
Designate someone to make medical decisions on your behalf.
Designate someone to manage your financial affairs.
Answer questions about your estate size, real estate ownership, marital status, and family situation to see how a revocable trust compares to a will alone. Includes estimated probate costs for your state.
Answer questions about your property type, ownership structure, and estate plan to see if a TOD deed is the right approach. Includes state-specific availability, signing requirements, and recording fees.
Compare trusts vs wills for your specific situation. See probate costs, trust administration expenses, and whether your estate qualifies for simplified procedures based on your state and estate value.
Find out who inherits your estate and how much they get if you die without a will. Based on your state's intestate succession laws.
Compare the cost of creating a revocable living trust. See how SimplyTrust, Trust & Will, LegalZoom, and attorneys compare over 5 years including life events.
Estate planning articles for North Dakota.
