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 Jul 13, 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 notary acknowledgment. The signed deed must be recorded at the county recorder before death to be effective. Must be recorded before the transferor's death in the public records in the office of the county recorder of the county where the property is located. Auditor's certificate of transfer (11-18-02) and statement of full consideration (11-18-02.2) are not required for TOD deeds or revocation instruments. NDCC 30.1-32.1-06(4)-(5).NDCC 30.1-32.1-01 to 30.1-32.1-14Verified Jul 13, 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 Jul 13, 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 Jul 13, 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 Jul 13, 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.
North Dakota Estate Planning Resources
In-depth guides covering North Dakota probate laws, trust requirements, and estate planning strategies.




