How Do I Record a TOD Deed in Wells County, North Dakota?
In North Dakota, a transfer on death deed is signed before a notaryNDCC 30.1-32.1-01 to 30.1-32.1-14Verified Oct 19, 2026View source, then recorded with the county before the owner's deathNDCC 30.1-32.1-01 to 30.1-32.1-14Verified Oct 19, 2026View source. In Wells County, the County Recorder records it for $20 for 1-6 pages, $65 for 7-25 pages, $65 plus $3 for each page beyond 25.
No. North Dakota does not require witnesses for a TOD deedNDCC 30.1-32.1-01 to 30.1-32.1-14Verified Oct 19, 2026View source.
Yes. North Dakota requires notarization for a TOD deed to be validNDCC 30.1-32.1-01 to 30.1-32.1-14Verified Oct 19, 2026View source.
North Dakota allows remote online notarization (RON) for TOD deedsN.D.C.C. § 44-06.1-13.1Verified Sep 9, 2026View source, a secure video session with an approved online notary. The state also accepts an out-of-state RONN.D.C.C. § 44-06.1-13.1Verified Sep 9, 2026View source.
To execute a TOD deed in North Dakota: Schedule a notary appointment (in-person or online via RON). Record the deed before death with the County Recorder. Include a legal description of the property. Wet signature required; the notarization step may still be remote
No. A TOD deed works by being recorded against a specific parcel, so the deed must be a North Dakota TOD deed recorded in the North Dakota county where the property sits. A TOD deed signed in another state cannot transfer North Dakota real property, however it was executed; real estate in more than one state needs a deed for each parcel. The North Dakota document portability tool carries the recognition rule by document type.
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Free forms for planning your estate in North Dakota: will, living trust, pour-over will, powers of attorney and TOD deed. Prepare each form for North Dakota.
Last Will and Testament
In North Dakota, a will is signed before 2N.D.C.C. § 30.1-08-02Verified Oct 19, 2026View source witnesses, and a self-proving affidavit signed with it lets the court admit it without witness testimonyN.D.C.C. § 30.1-08-02Verified Oct 19, 2026View source.
Codicil to a Will
In North Dakota, a codicil is signed before 2N.D.C.C. § 30.1-08-02Verified Oct 19, 2026View source witnesses, like a will, and the self-proving affidavit signed with it lets the court admit it without witness testimonyN.D.C.C. §§ 30.1-01-06(64), 30.1-08-04Verified Oct 25, 2026View source.
Healthcare Power of Attorney
North Dakota allows a choice for a healthcare power of attorney: 2N.D.C.C. § 23-06.5-17Verified Oct 15, 2026View source witnesses or a notary.
HIPAA Release
In North Dakota, a HIPAA release is the federal authorization alone: the state adds no category rule, and the document carries the elements federal law requires, among them an expiration date or an expiration event that relates to the individual45 CFR 164.508(c)(1)(v)Verified Oct 21, 2026View source.
Financial Power of Attorney
North Dakota requires explicit durability language for a power of attorney to survive incapacityN.D.C.C. § 30.1-30-01Verified Oct 21, 2026View source, and it is signed with no witness or notary requirementN.D.C.C. § 30.1-30-01Verified Oct 21, 2026View source.
Transfer on Death Deed
In North Dakota, a transfer on death deed is signed before a notaryNDCC 30.1-32.1-01 to 30.1-32.1-14Verified Oct 19, 2026View source, then recorded with the county before the owner's deathNDCC 30.1-32.1-01 to 30.1-32.1-14Verified Oct 19, 2026View source. North Dakota does not recognize a Lady Bird deed.
Living Will
In North Dakota, the living will is the Health Care DirectiveN.D.C.C. ch. 23-06.5 (Health Care Directives), §§ 23-06.5-01 to 23-06.5-19Verified Sep 27, 2026View source, a written instruction that is valid with no agent named.
Pour-Over Will
In North Dakota, a pour-over will is signed before 2N.D.C.C. § 30.1-08-02Verified Oct 19, 2026View source witnesses and moves anything left outside the trust into it through probate.
Tools for Planning Your Estate in North Dakota
Free tools for planning your estate in North Dakota: will and trust costs, trust or TOD deed, and the signing rules. Run each tool for North Dakota.
Will My Estate Documents Transfer?
North Dakota recognizes a will signed under the law of the place where it was signedN.D.C.C. § 30.1-08-06Verified Oct 19, 2026View source; a will signed in North Dakota itself needs 2N.D.C.C. § 30.1-08-02Verified Oct 19, 2026View source witnesses, and notarization is not requiredN.D.C.C. § 30.1-08-02Verified Oct 19, 2026View source.
Trust or Will: Which Costs Less?
In North Dakota, a will-based plan pays probate attorney fees of typically 1.8%Modeled estimate under N.D.C.C. § 30.1-18-21 (court reviews the reasonableness of attorney compensation; no statutory percentage schedule); § 30.1-18-20 (estate pays reasonable attorney's fees): the hours the statutory fee schedules imply, at the state's surveyed hourly rateVerified Sep 8, 2026View source to 2.9%Modeled estimate under N.D.C.C. § 30.1-18-21 (court reviews the reasonableness of attorney compensation; no statutory percentage schedule); § 30.1-18-20 (estate pays reasonable attorney's fees): the hours the statutory fee schedules imply, at the state's surveyed hourly rateVerified Sep 8, 2026View source of the estate; a funded revocable trust keeps those assets out of probate and off that fee.
How Much Does a Revocable Living Trust Cost?
An attorney-prepared revocable living trust in North Dakota runs $3,540Estimate: 10 hours at $354, Clio's North Dakota Trusts rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source to $5,310Estimate: 15 hours at $354, Clio's North Dakota Trusts rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source for an individual, against $0 to $549 up front plus a subscription with an online service.
How Much Does a Will Cost?
An attorney-prepared will in North Dakota runs $957Estimate: 3 hours at $319, Clio's North Dakota Wills and Estates rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source to $1,914Estimate: 6 hours at $319, Clio's North Dakota Wills and Estates rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source, against $0 to $299 up front with an online service, and probate on a $500,000 estate adds about $24,994N.D.C.C. § 30.1-18-21 (court reviews the reasonableness of attorney compensation; no statutory percentage schedule); § 30.1-18-20 (estate pays reasonable attorney's fees)Verified Sep 8, 2026View source.
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How Do I Name a Guardian for My Minor Children?
In North Dakota, a parent names a guardian for a minor child in a willN.D.C.C. § 30.1-27-02 (5-202); will execution § 30.1-08-02, self-proved § 30.1-08-04Verified Sep 16, 2026View source, and the nomination covers the child until the age of majority, 18N.D.C.C. §§ 14-10-01, 14-10-02Verified Sep 16, 2026View source.
Do I Need a Revocable Trust?
Probate in North Dakota takes 4 months to 6 months for a simple estate and charges attorney fees of typically 1.8%Modeled estimate under N.D.C.C. § 30.1-18-21 (court reviews the reasonableness of attorney compensation; no statutory percentage schedule); § 30.1-18-20 (estate pays reasonable attorney's fees): the hours the statutory fee schedules imply, at the state's surveyed hourly rateVerified Sep 8, 2026View source to 2.9%Modeled estimate under N.D.C.C. § 30.1-18-21 (court reviews the reasonableness of attorney compensation; no statutory percentage schedule); § 30.1-18-20 (estate pays reasonable attorney's fees): the hours the statutory fee schedules imply, at the state's surveyed hourly rateVerified Sep 8, 2026View source of the estate; assets held in a revocable trust skip both.
How Do I Avoid Probate?
In North Dakota, a home with a transfer on death deedNDCC 30.1-32.1-01 to 30.1-32.1-14Verified Oct 17, 2026View source, a payable on death accountN.D. Cent. Code § 30.1-31-09(2)(b)Verified Nov 1, 2026View source and life insuranceN.D. Cent. Code § 30.1-31-01(1)Verified Nov 1, 2026View source with a named beneficiary pass outside probate, as does property in a revocable trust; what is left is the probate estate.
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North Dakota Estate Planning Resources
In-depth guides covering North Dakota probate laws, trust requirements, and estate planning strategies.