Do I Need a Transfer on Death Deed in North Dakota?
Answer a few questions about the property to see whether a transfer on death deed applies for avoiding probate on real estate.
Frequently Asked Questions
Yes. North Dakota allows transfer on death deeds.NDCC 30.1-32.1-01 to 30.1-32.1-14Verified Jun 1, 2026 The deed transfers real property to a named beneficiary at death without probate. See how this compares to a trust with the probate calculator.
A transfer on death deed in North Dakota requires notarization (standard acknowledgment). The signed deed must be recorded at the county recorder before death to be effective.NDCC 30.1-32.1-01 to 30.1-32.1-14Verified Jun 1, 2026
Yes. A transfer on death deedis revocable at any time during the owner's lifetime. Revocation methods in North Dakota include: Recording an instrument of revocation that expressly revokes the deed, Recording a subsequent TOD deed that revokes the prior deed expressly or by inconsistency, Recording an inter vivos deed that expressly revokes the TOD deed.NDCC 30.1-32.1-01 to 30.1-32.1-14Verified Jun 1, 2026
North Dakota allows transfer on death deeds for all types of real property, including homes, land, condominiums, and commercial properties.NDCC 30.1-32.1-01 to 30.1-32.1-14Verified Jun 1, 2026
Yes. North Dakota allows multiple beneficiaries on a transfer on death deed. If multiple beneficiaries are named, they take title as tenants in common unless the deed specifies otherwise.NDCC 30.1-32.1-01 to 30.1-32.1-14Verified Jun 1, 2026
A transfer on death deed transfers the property directly to the beneficiary at death, bypassing probate for that asset. Other assets not covered by a TOD deed, trust, or beneficiary designation still go through probate. Use the North Dakota probate calculator to estimate the cost of probating remaining assets.
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North Dakota Estate Planning Resources
In-depth guides covering North Dakota probate laws, trust requirements, and estate planning strategies.
