For most Mountrail 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 Mountrail 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 Mountrail 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.
A transfer on death deed names a beneficiary who receives Mountrail 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 Mountrail County are recorded with the County Recorder, led by County Recorder Melissa Vachal, at 101 N Main St, Stanley, ND 58784. Phone: 701-628-2945. Hours: Mon-Fri 8:00am-12:00pm, 12:30pm-4:30pm.
Documents submitted by mail go to PO Box 69, Stanley, ND 58784-0069.
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 Mountrail County. A transfer on death deed is exempt from transfer tax.
Mountrail County accepts electronic recording through E-recording accepted (no vendor named on the county page).
Recording Office Record
Mountrail County · County Recorder · Melissa Vachal
Address
Phone
Fax
Hours
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
Solo PracticeMinot, ND
Minot practice representing clients throughout Ward County and neighboring McHenry, McLean, Burleigh, Morton, Stark, and Mountrail counties. Estate work is planning-side and aimed at keeping an estate out of probate: wills, trusts, financial and health care powers of attorney, guardianships and conservatorships. Free consultations.
PracticesEstate PlanningProbate
FirmMinot, ND
Minot practice serving Ward County families, with estate work built around the local energy economy: how mineral royalties will be divided, and what becomes of a family business. Sets up trusts holding mineral rights and family LLCs preserving access to generational property, alongside probate guidance, guardianship, and conservatorship.
PracticesEstate PlanningTrust AdministrationProbate
Solo PracticeMinot, ND
Minot practice serving Ward County, licensed in North Dakota and Minnesota. The estate-side work is guardianship of adults and minors, conservatorships, special needs trusts, financial and health care powers of attorney, and partition actions; the firm does not list probate administration. Initial strategy sessions cost $175.
PracticesEstate PlanningFamily LawWills
Solo PracticeMinot, ND
Minot practice serving Ward County and out-of-state residents who own North Dakota property or minerals. Handles probate and estate administration and trust administration, mineral trusts for generational transfer, oil and gas pipeline and surface damage agreements, and farm and ranch business succession. Also sets up guardianships and conservatorships for special-needs children reaching 18.
PracticesEstate PlanningTrust AdministrationProbateGuardianshipand 2 more
FirmMinot, ND
Minot office of a firm serving North Dakota and seven neighboring states. Spells out the trustee’s job step by step: notifying beneficiaries, collecting and protecting trust assets, handling bills, final expenses and taxes, managing a home, farm or business interest, and distributing under the trust terms. Caps its settlement fees. Free consultations.
PracticesEstate PlanningTrust AdministrationMedicaid PlanningBusiness SuccessionProbate Administration
Solo PracticeRugby, ND
Solo general practice in Rugby serving Pierce County, one of five attorneys currently practicing in the city. Galen Mack was admitted in North Dakota in 1986 and handles estate planning alongside real estate, agricultural matters, loan closing services, and senior issues. The office has no website; contact is by phone or email.
PracticesEstate PlanningProbateAgricultural LawReal Estate Law
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 Mountrail 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.
