Do I Need a Vehicle Transfer on Death Designation in North Dakota?

Because North Dakota does not offer a vehicle TOD designation, the vehicle transfers through: Small-estate affidavit: thirty days after the death, if the entire estate subject to distribution, less liens and encumbrances, does not exceed $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.