What Happens to Jointly Owned Property in North Dakota When an Owner Dies?
When a joint owner dies in North Dakota, what the survivor records is the “Certified copy of death certificateN.D.C.C. § 47-19-06Verified Oct 26, 2026View source”.
North Dakota names the “Certified copy of death certificateN.D.C.C. § 47-19-06Verified Oct 26, 2026View source”. North Dakota names a certified copy of the death certificate as what is recorded when a joint tenant dies. Recorded with the county recorder with the property's legal description attached, it is prima facie evidence of the death and the end of the joint tenancyN.D.C.C. § 47-19-06Verified Oct 26, 2026View source.
Attached when recorded: death certificate (a copy of the death certificate of the joint tenant duly certified by any officer who is required by the laws of the state or country in which the record is made, to keep a record of the death of persons occurring within the jurisdiction of the officer); legal description of the propertyN.D.C.C. § 47-19-06Verified Oct 26, 2026View source.
Filed with the Certified copy of death certificateN.D.C.C. § 47-19-06Verified Oct 26, 2026View source: Presentation to the county auditorN.D.C.C. § 11-18-03(3)Verified Oct 26, 2026View source.
North Dakota's survivorship vesting for land is joint tenancy, which the will or transfer must expressly declare; otherwise co-owners hold as tenants in common. An owner may convey land to themselves and another person, including a spouse, in joint tenancy with right of survivorship without an intermediate deedN.D.C.C. § 47-19-06; N.D.C.C. § 11-18-03(3); N.D.C.C. § 47-19-02(2)Verified Oct 26, 2026View source.
North Dakota's transfer on death deed act names no affidavit, notice, acceptance or death certificate for the beneficiary to record after the owner's death. At the owner's death the interest passes to the surviving designated beneficiary under the deedN.D.C.C. §§ 30.1-32.1-01 to 30.1-32.1-14; Title 30.1; Title 47 (ch. 47-19); Title 11 (§ 11-18-03); chs. 57-02 and 57-02.1 to 57-02.4Verified Oct 26, 2026View source.
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Learn moreForms for Settling an Estate in North Dakota
Free forms for settling an estate in North Dakota: the probate petition, small estate affidavit, notice to creditors, inventory, and closing forms.
IRS Form 56
Notify the IRS that you are the fiduciary of an estate, a trust or a person, or end a notice filed before, on the official form.
Digital Assets Recovery Letter
Prepare a letter requesting a deceased person's online accounts, points, and balances from the program that holds them.
Petition for Probate and Letters
In North Dakota, the petition asks the District Court to appoint the personal representative, whose authority is proved by Letters Testamentary or Letters of Administration; an informal (registrar) track is availableN.D.C.C. § 30.1-14-01Verified Sep 8, 2026View source.
Notice to Creditors
In North Dakota, creditors have 3 monthsN.D.C.C. § 30.1-19-03(1)(a)Verified Sep 8, 2026View source from first publication to present claims.
Renunciation of Executor
In North Dakota, a person named as personal representative may renounce the right to serveN.D.C.C. § 30.1-13-03(3)Verified Sep 23, 2026View source before anyone is appointed.
Small Estate Affidavit
In North Dakota, the Small Estate AffidavitN.D.C.C. § 30.1-23-01Verified Sep 8, 2026View source covers estates valued at $100,000N.D.C.C. § 30.1-23-01Verified Sep 8, 2026View source or less, 30 daysN.D.C.C. § 30.1-23-01Verified Sep 8, 2026View source after death, presented directly to the bank or other holder, not filed with a court.
Estate Inventory
In North Dakota, the personal representative files the estate inventory within 180 daysN.D.C.C. §§ 30.1-18-06, 30.1-18-07, 30.1-18-08Verified Sep 15, 2026View source of appointment.
Estate Closing
In North Dakota, the personal representative is discharged automatically once the statutory period runsN.D.C.C. §§ 30.1-21-03(2), 30.1-21-05Verified Sep 15, 2026View source, and a final accounting is required.
Tools for Settling an Estate in North Dakota
Free tools for settling an estate in North Dakota: whether probate is needed, executor and trustee pay, creditor deadlines, and inheritance taxes.
How Many Death Certificates Do I Need?
In North Dakota, certified death certificates come from the North Dakota Department of Health and Human Services - Vital RecordsNorth Dakota Department of Health and Human Services - Vital RecordsVerified Oct 15, 2026View source; the first copy costs $15North Dakota Department of Health and Human Services - Vital RecordsVerified Oct 15, 2026View source, additional copies $10North Dakota Department of Health and Human Services - Vital RecordsVerified Oct 15, 2026View source each.
Do I Need Probate?
In North Dakota, estates valued at $100,000N.D.C.C. § 30.1-23-01Verified Sep 8, 2026View source or less skip probate with the Small Estate AffidavitN.D.C.C. § 30.1-23-01Verified Sep 8, 2026View source, 30 daysN.D.C.C. § 30.1-23-01Verified Sep 8, 2026View source after death.
Do I Have to File Tax Returns for Someone Who Died?
North Dakota requires a final state income tax return for the decedent alongside the federal Form 1040N.D. Cent. Code § 57-38-30.3(1)(a); 2026 Forms ND-1 and ND-EZ Tax Rate Schedules (Form ND-1ES, SFN 28709)Verified Sep 20, 2026View source; a federal estate tax return (Form 706) is required only for estates above $15,000,00026 USC 2001(c), 2010; P.L. 119-21 §70106Verified Sep 15, 2026View source.
How Do I Settle an Estate?
Settling an estate in North Dakota: the personal representative files the estate inventory within 180 daysN.D.C.C. §§ 30.1-18-06, 30.1-18-07, 30.1-18-08Verified Sep 15, 2026View source of appointment; creditors have 3 monthsN.D.C.C. §§ 30.1-19-01, 30.1-19-03, 30.1-19-05, 30.1-19-06Verified Oct 19, 2026View source to present claims; a simple estate closes in 4 months to 6 months.
What Do I Do When Someone Dies?
After a death in North Dakota, the estate either qualifies for the simplified procedure for estates under $100,000N.D.C.C. § 30.1-23-01Verified Sep 8, 2026View source or goes through probate, where creditors have 3 monthsN.D.C.C. § 30.1-19-03(1)(a)Verified Sep 8, 2026View source to file claims after notice.
How Much Are Estate & Inheritance Taxes?
North Dakota levies no estate or inheritance taxNo state estate or inheritance tax payable. The estate tax (N.D.C.C. ch. 57-37.1) remains codified but is a pick-up tax: § 57-37.1-04(1) sets it equal to the federal credit for state death taxes, which has been $0 since EGTRRA, so no estate tax is paid on deaths after 1/1/2005. Inheritance tax repealed 1927 (N.D. Office of State Tax Commissioner)Verified Sep 15, 2026View source; only the federal estate tax applies above $15,000,00026 USC 2001(c), 2010; P.L. 119-21 §70106Verified Sep 15, 2026View source.
What Taxes Apply to My Inheritance?
North Dakota imposes no inheritance or estate taxNo state estate or inheritance tax payable. The estate tax (N.D.C.C. ch. 57-37.1) remains codified but is a pick-up tax: § 57-37.1-04(1) sets it equal to the federal credit for state death taxes, which has been $0 since EGTRRA, so no estate tax is paid on deaths after 1/1/2005. Inheritance tax repealed 1927 (N.D. Office of State Tax Commissioner)Verified Sep 15, 2026View source; probate assets arrive when the estate closes, 4 months to 6 months for a simple estate.
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North Dakota Estate Settlement Resources
In-depth guides covering North Dakota probate, estate administration, and settling an estate.