For most Ward 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 Ward 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 Ward 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, Ward 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 Ward 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.
Deeds and other real property documents for Ward County are recorded with the County Recorder at 225 3rd Street Southeast, Minot, ND 58701. Phone: 1-701-857-6413. Hours: Monday-Friday 8:00 AM-4:30 PM.
Documents submitted by mail go to P.O. Box 5005, Minot, ND 58702-5005.
The County Recorder charges $20 for 1-6 pages, $65 for 7-25 pages, $65 plus $3 for each page beyond 25. Recording a 2-page transfer on death deed in Ward County comes to $20. No transfer tax applies to a transfer on death deed.
Ward County accepts electronic recording through Simplifile.
Recording Office Record
Ward County
Phone
Hours
Office
Website
E-recording
Fax
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
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 AdministrationProbateMedicaid PlanningBusiness Succession
FirmMinot, ND
Minot firm, formerly Boppre Law Firm, serving north-central North Dakota. Has assisted personal representatives from across the country in administering North Dakota estates, and represents heirs disputing an administration as well as creditors of the decedent. Opens delayed probates years after a death, and prepares wills complying with the American Indian Probate Reform Act.
PracticesEstate PlanningTrust AdministrationProbateElder 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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
Compare what it costs to make a trust official across SimplyTrust, LegalZoom, Trust & Will, Rocket Lawyer, and Quicken WillMaker.
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.
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.
Estate planning articles for North Dakota.
Estate planning articles for North Dakota.
