Estate Planning for Stutsman County, North Dakota Property Owners

For most Stutsman 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 Stutsman 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 Stutsman 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 Stutsman County

A transfer on death deed names a beneficiary who receives Stutsman 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.

Create a North Dakota TOD deed →Stutsman County signing requirements →

Where to Record Property Documents

Deeds and other real property documents for Stutsman County are recorded with the County Recorder at 511 2nd Avenue Southeast, Suite 103, Jamestown, ND 58401. Phone: 1-701-252-9034. Hours: Monday-Friday 8:00 AM-5:00 PM CT.

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 Stutsman County. No transfer tax applies to a transfer on death deed.

Recording Office Record

County Recorder

Stutsman County

Hours

Monday-Friday 8:00 AM-5:00 PM CT

Office

511 2nd Avenue Southeast, Suite 103, Jamestown, ND 58401

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Fees

Recording fees

1-6 pages$20
7-25 pages$65
26+ pages$65
Transfer tax on a TOD deedNo 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 Stutsman 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 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

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

Solo PracticeJamestown, ND

Sandness Law

Solo practice in Jamestown serving Stutsman County and south-central North Dakota, framed around estate settlement and probate. Arranges same-day appointments, welcomes walk-ins, and takes emergency consultations after hours by appointment. Scott Sandness was admitted in 2005; fees are charged, and the firm invites clients to negotiate them.

PracticesEstate PlanningProbateFamily Law

Office
211 1st Avenue NJamestown, ND 58401

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
See all 15 firms serving Stutsman 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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Legal Sources

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.

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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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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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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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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.

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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.

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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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