Grafton firm providing probate support across northeast North Dakota and northwest Minnesota. Represents personal representatives in locating assets and heirs, managing estate finances, and distributing — and represents heirs against a representative, including will and trust contests, routed first through alternative dispute resolution. Initial consultations are not free.
Estate Planning for Walsh County, North Dakota Property Owners
For most Walsh 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 Walsh 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 Walsh 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 Walsh County
A transfer on death deed names a beneficiary who receives Walsh 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 Walsh County are recorded with the County Recorder at 600 Cooper Avenue, 2nd Floor, Grafton, ND 58237. Phone: 1-701-352-2380. Hours: Monday-Friday 8:00 AM-4:30 PM.
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 Walsh County. No transfer tax applies to a transfer on death deed.
Recording Office Record
County Recorder
Walsh County
Phone
Hours
Monday-Friday 8:00 AM-4:30 PM
Office
600 Cooper Avenue, 2nd Floor, Grafton, ND 58237
Website
Fax
1-701-352-3340
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 Walsh County
Steven C. Ekman, PC
Two-attorney office in Grafton serving Walsh County and northeastern North Dakota. Steven Ekman was admitted in North Dakota in 1992 and is joined by Jarrod Steele, admitted in 2017. The firm also runs a land-auction arm under its own name, which bears on farm estates where selling the land is part of settling. No practice website; contact is by phone or email.
Grand Forks firm founded in 1932, practicing in North Dakota and Minnesota. Its wills and trusts group handles probate and estate administration, trust administration and drafting, gifting of assets, Medicaid eligibility, and elder law; trust and estate litigation is carried in-house by the commercial litigation group rather than referred out. Mineral succession planning is a named service.
Grand Forks firm, formerly Zimney Foster P.C., with roots to 1932. Estate administration covers notifying heirs and creditors, inventorying and valuing assets, transferring property, paying debts and taxes, and distributing. Creditor claim resolution is its own service line — validating claims and protecting estate assets from improper ones.
Grand Forks firm serving the region since 1898, with lawyers licensed in North Dakota and Minnesota — it makes the difference between the two states’ probate rules its stated focus. Probate administration runs from appointing the personal representative through gathering asset and debt information, paying final expenses, and distributing. Farm succession and guardianship are named practices.
Serves both sides of the river from Grand Forks and East Grand Forks, licensed in North Dakota and Minnesota state and federal courts. Handles probate, estates and trusts, simple and complex wills, powers of attorney, and health care directives, with the firm’s litigation team available for disputes arising out of estate matters. Initial consultations carry no attorney’s fee.
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.
