Dickinson firm licensed in North Dakota, South Dakota, Montana, and Minnesota. Personal planning covers probate and probate alternatives, guardianships and conservatorships, health care directives, and elder law including long-term care and Medicaid planning. Attorney Marissa Cerkoney is a Certified Farm Succession Coordinator, working with farm and ranch families on transition planning.
Estate Planning for Stark County, North Dakota Property Owners
For most Stark 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 Stark 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 Stark 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 Stark County
A transfer on death deed names a beneficiary who receives Stark 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 Oct 19, 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 Oct 19, 2026View source.
Where to Record Property Documents
Deeds and other real property documents for Stark County are recorded with the County Recorder at 51 3rd Street East, Suite 105, Dickinson, ND 58601. Phone: 1-701-456-7645. Hours: Monday-Thursday 8:00 AM-5:00 PM MT; Friday 8:00 AM-noon MT.
Documents submitted by mail go to P.O. Box 130, Dickinson, ND 58602-0130.
The County Recorder charges $20 for 1-6 pages, $65 for 7-25 pages, $65 plus $3 for each page beyond 25. A 2-page transfer on death deed costs $20 to record in Stark County. No transfer tax applies to a transfer on death deed.
Stark County accepts electronic recording through Simplifile.
Recording Office Record
County Recorder
Stark County
Phone
Hours
Monday-Thursday 8:00 AM-5:00 PM MT; Friday 8:00 AM-noon MT
Office
51 3rd Street East, Suite 105, Dickinson, ND 58601
Website
E-recording
P.O. Box 130
Dickinson, ND 58602-0130
Recording fees
| 1-6 pages | $20 |
| 7-25 pages | $65 |
| 26+ pages | $65 |
| Transfer tax on a TOD deed | No transfer tax applies to TOD deeds |
N.D.C.C. § 11-18-05(1)(a) (recording fee by page band); § 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 October 16, 2026 · Source
Estate Planning Attorneys Serving Stark County
Serves Stark County and western North Dakota from north Dickinson, continuing a practice founded in the mid-1980s by Diane Melbye, the city’s first permanent female attorney. Handles probate and estate planning, and represents individuals seeking guardianship over a minor or an incapacitated adult. Also offers mediation and guardian ad litem services.
Dickinson firm serving southwestern North Dakota, Montana, and South Dakota. Probate work covers appointing the personal representative, transferring real and personal property, filing court documents, liquidating assets, and paying taxes and debts. Mineral probates are a named service within its oil, gas and mineral practice, alongside farm leases.
Solo practice in Dickinson serving Stark County and southwestern North Dakota. Handles estate and probate administrations, simple and complex wills, revocable, irrevocable and charitable trusts, powers of attorney, and family partnership structures, which suit ranch families passing an operation on. Free half-hour initial consultations.
Serves southwestern North Dakota, eastern Montana, and northwestern South Dakota, with the Hettinger office staffed by Aaron Roseland and a second office in Belle Fourche. Handles probate and estate planning, real estate, and dormant mineral actions, alongside civil litigation and family law. Both partners are admitted in North Dakota.
Wild & Weiss Law Office
Two-attorney office in Bowman serving Bowman County and southwestern North Dakota, successor to Sadowsky & Wild at the same address. Steven Wild was admitted in 1983 and Andrew Weiss in 2012; both are currently licensed. Handles estate planning, probate, and real estate. No website; contact by phone or email.
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.
Legal Sources
(2)·
- NDCC 30.1-32.1-01 to 30.1-32.1-14
- N.D.C.C. § 11-18-05(1)(a) (recording fee by page band); § 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)
Data sourced from North Dakota statutes and official state code. How we research.
Forms for Planning Your Estate in North Dakota
Free forms for planning your estate in North Dakota: will, living trust, pour-over will, powers of attorney and TOD deed. Prepare each form for North Dakota.
Free
Last Will and Testament
In North Dakota, a will is signed before 2N.D.C.C. § 30.1-08-02Verified Oct 19, 2026View source witnesses, and a self-proving affidavit signed with it lets the court admit it without witness testimonyN.D.C.C. § 30.1-08-02Verified Oct 19, 2026View source.
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Free
Codicil to a Will
In North Dakota, a codicil is signed before 2N.D.C.C. § 30.1-08-02Verified Oct 19, 2026View source witnesses, like a will, and the self-proving affidavit signed with it lets the court admit it without witness testimonyN.D.C.C. §§ 30.1-01-06(64), 30.1-08-04Verified Oct 25, 2026View source.
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Free
Healthcare Power of Attorney
North Dakota allows a choice for a healthcare power of attorney: 2N.D.C.C. § 23-06.5-17Verified Oct 15, 2026View source witnesses or a notary.
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Free
HIPAA Release
In North Dakota, a HIPAA release is the federal authorization alone: the state adds no category rule, and the document carries the elements federal law requires, among them an expiration date or an expiration event that relates to the individual45 CFR 164.508(c)(1)(v)Verified Oct 21, 2026View source.
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Free
Financial Power of Attorney
North Dakota requires explicit durability language for a power of attorney to survive incapacityN.D.C.C. § 30.1-30-01Verified Oct 21, 2026View source, and it is signed with no witness or notary requirementN.D.C.C. § 30.1-30-01Verified Oct 21, 2026View source.
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Free
Transfer on Death Deed
In North Dakota, a transfer on death deed is signed before a notaryNDCC 30.1-32.1-01 to 30.1-32.1-14Verified Oct 19, 2026View source, then recorded with the county before the owner's deathNDCC 30.1-32.1-01 to 30.1-32.1-14Verified Oct 19, 2026View source. North Dakota does not recognize a Lady Bird deed.
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Free
Living Will
In North Dakota, the living will is the Health Care DirectiveN.D.C.C. ch. 23-06.5 (Health Care Directives), §§ 23-06.5-01 to 23-06.5-19Verified Sep 27, 2026View source, a written instruction that is valid with no agent named.
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Free
Pour-Over Will
In North Dakota, a pour-over will is signed before 2N.D.C.C. § 30.1-08-02Verified Oct 19, 2026View source witnesses and moves anything left outside the trust into it through probate.
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Tools for Planning Your Estate in North Dakota
Free tools for planning your estate in North Dakota: will and trust costs, trust or TOD deed, and the signing rules. Run each tool for North Dakota.
How Do I Sign Estate Documents?
In North Dakota, a will is signed before 2N.D.C.C. § 30.1-08-02Verified Oct 19, 2026View source witnesses, and notarization is not requiredN.D.C.C. § 30.1-08-02Verified Oct 19, 2026View source.
Check the Rules
Will My Estate Documents Transfer?
North Dakota recognizes a will signed under the law of the place where it was signedN.D.C.C. § 30.1-08-06Verified Oct 19, 2026View source; a will signed in North Dakota itself needs 2N.D.C.C. § 30.1-08-02Verified Oct 19, 2026View source witnesses, and notarization is not requiredN.D.C.C. § 30.1-08-02Verified Oct 19, 2026View source.
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Trust or Will: Which Costs Less?
In North Dakota, a will-based plan pays probate attorney fees of typically 1.8%Modeled estimate under N.D.C.C. § 30.1-18-21 (court reviews the reasonableness of attorney compensation; no statutory percentage schedule); § 30.1-18-20 (estate pays reasonable attorney's fees): the hours the statutory fee schedules imply, at the state's surveyed hourly rateVerified Sep 8, 2026View source to 2.9%Modeled estimate under N.D.C.C. § 30.1-18-21 (court reviews the reasonableness of attorney compensation; no statutory percentage schedule); § 30.1-18-20 (estate pays reasonable attorney's fees): the hours the statutory fee schedules imply, at the state's surveyed hourly rateVerified Sep 8, 2026View source of the estate; a funded revocable trust keeps those assets out of probate and off that fee.
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How Much Does a Revocable Living Trust Cost?
An attorney-prepared revocable living trust in North Dakota runs $3,540Estimate: 10 hours at $354, Clio's North Dakota Trusts rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source to $5,310Estimate: 15 hours at $354, Clio's North Dakota Trusts rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source for an individual, against $0 to $549 up front plus a subscription with an online service.
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How Much Does a Will Cost?
An attorney-prepared will in North Dakota runs $957Estimate: 3 hours at $319, Clio's North Dakota Wills and Estates rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source to $1,914Estimate: 6 hours at $319, Clio's North Dakota Wills and Estates rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source, against $0 to $299 up front with an online service, and probate on a $500,000 estate adds about $24,994N.D.C.C. § 30.1-18-21 (court reviews the reasonableness of attorney compensation; no statutory percentage schedule); § 30.1-18-20 (estate pays reasonable attorney's fees)Verified Sep 8, 2026View source.
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How Does SimplyTrust Compare to LegalZoom, Trust & Will, and Other Services?
Compare what it costs to make a trust official across SimplyTrust, LegalZoom, Trust & Will, Rocket Lawyer, and Quicken WillMaker.
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How Do I Name a Guardian for My Minor Children?
In North Dakota, a parent names a guardian for a minor child in a willN.D.C.C. § 30.1-27-02 (5-202); will execution § 30.1-08-02, self-proved § 30.1-08-04Verified Sep 16, 2026View source, and the nomination covers the child until the age of majority, 18N.D.C.C. §§ 14-10-01, 14-10-02Verified Sep 16, 2026View source.
See the Steps
Do I Need a Revocable Trust?
Probate in North Dakota takes 4 months to 6 months for a simple estate and charges attorney fees of typically 1.8%Modeled estimate under N.D.C.C. § 30.1-18-21 (court reviews the reasonableness of attorney compensation; no statutory percentage schedule); § 30.1-18-20 (estate pays reasonable attorney's fees): the hours the statutory fee schedules imply, at the state's surveyed hourly rateVerified Sep 8, 2026View source to 2.9%Modeled estimate under N.D.C.C. § 30.1-18-21 (court reviews the reasonableness of attorney compensation; no statutory percentage schedule); § 30.1-18-20 (estate pays reasonable attorney's fees): the hours the statutory fee schedules imply, at the state's surveyed hourly rateVerified Sep 8, 2026View source of the estate; assets held in a revocable trust skip both.
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North Dakota Estate Planning Articles
Estate planning articles for North Dakota.
