Transfer on Death Deed Laws in North Dakota
North Dakota allows transfer on death deeds under its version of the Uniform Real Property Transfer on Death Act, and the deed must be recorded with the county recorder before the owner's death.
Last checked . General information, not legal advice.
North Dakota at a glance
- TOD deed allowed
- Yes
- Uniform act adopted
- Yes
- N.D.C.C. chapter 30.1-32.1.
- Recording rule
- Before the owner's death
- Recorded with the county recorder of the county where the property is located.
The rules in North Dakota
Does North Dakota allow transfer on death deeds for real estate?
Yes. TOD deed allowed in North Dakota: yes.
Has North Dakota adopted the Uniform Real Property Transfer on Death Act?
Yes. Uniform act adopted in North Dakota: yes. N.D.C.C. chapter 30.1-32.1.
When must a transfer on death deed be recorded in North Dakota?
Recording rule in North Dakota: Before the owner's death. Recorded with the county recorder of the county where the property is located.
Where do the North Dakota transfer on death deed laws come from?
The rules above come from N.D. Cent. Code 30.1-32.1-02 and N.D. Cent. Code 30.1-32.1-06. Each source is linked on this page. We last checked them in October 2026.
Good to know
The deed must use the phrase "transfer on death deed" or the abbreviation "TOD" in its title (N.D.C.C. 30.1-32.1-06(3)).
What this means in practice
Where a transfer on death deed is allowed, it generally has to be signed with the same formalities as an ordinary deed and recorded in the land records of the county where the property sits. A deed that is signed but never recorded within the time the statute requires may have no effect, so check the recording rule before relying on one.
A transfer on death deed usually covers only the property it describes. It does not replace a will, and other assets still pass under a will, a trust or the intestacy rules. Keeping the deed consistent with your other estate planning documents helps avoid conflicting instructions.
Creditors, Medicaid estate recovery and property tax rules can still reach property that passes by a transfer on death deed in some situations. If the property is mortgaged, jointly owned or the beneficiary situation is complicated, consider having a local real estate or estate planning attorney review the deed.
General information, not legal advice. Laws change, and cities can add their own rules, so check the current statute before you rely on it.
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