Do I Need a Vehicle Transfer on Death Designation in North Dakota?
Answer a few questions about how your vehicle is titled to see whether a transfer-on-death designation applies for avoiding probate on a vehicle.
Frequently Asked Questions
No. North Dakota does not offer a vehicle transfer-on-death designation. North Dakota does not authorize a transfer-on-death (beneficiary) designation on a motor vehicle certificate of title. The motor vehicle title statute (N.D.C.C. ch. 39-05, Title Registration) contains no TOD/beneficiary provision: the certificate-of-title contents (39-05-09) and title-application contents (39-05-05) include no beneficiary field, and no section of the chapter provides for issuing a title in beneficiary form. At death a vehicle transfers through the estate, a small-estate affidavit, or a surviving joint owner with right of survivorship.
Because North Dakota does not offer a vehicle TOD designation, the vehicle transfers through: Small-estate affidavit: for an estate under $100,000, an Affidavit for Collection of Personal Property of the Decedent (NDDOT SFN 2916, under N.D.C.C. 30.1-23-01) presented with the certificate of title transfers the vehicle without probate., Joint tenancy with right of survivorship (JTWROS): when the title is held by joint owners with right of survivorship, the surviving owner retitles the vehicle by presenting a copy of the death certificate with the certificate of title; no probate is required., Probate transfer: if no small-estate affidavit or JTWROS survivor applies, a copy of the letters of administration, letters testamentary, or a court order must accompany the certificate of title for transfer (a last will and testament alone is not accepted)., Revocable living trust: an owner may title the vehicle in a revocable living trust during life so it passes outside probate to the trust beneficiaries at death; transfers without monetary consideration into such a trust (and from a revocable living trust back to the trustor or the trustor's spouse, child, or sibling) are exempt from motor vehicle excise tax (N.D.C.C. 57-40.3-04(5), incl. subdiv. (g)).. To keep other assets out of probate, SimplyTrust sets up a revocable trust online.
Without a vehicle TOD option, a North Dakota vehicle typically passes through the estate unless it is jointly titled or held in a trust, or qualifies for a small-estate transfer. Compare your options with the trust vs. will comparison.
North Dakota Estate Planning Resources
In-depth guides covering North Dakota probate laws, trust requirements, and estate planning strategies.




