North Dakota Forms

North Dakota Transfer on Death Affidavit Forms

North Dakota Transfer on Death Affidavit
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North Dakota Transfer on Death Affidavit Overview

North Dakota Transfer on Death Affidavit
Select County from List
How to Use This Form
  1. Select your county from the list on the left
  2. Download the county-specific form
  3. Fill in the required information
  4. Have the document notarized if required
  5. Record with your county recorder's office

Taking Ownership of Property from a North Dakota Transfer on Death Deed

In 2011, North Dakota enacted the Uniform Real Property Transfer on Death Act, found in the North Dakota Century Code (NDCC) at Chapter 30.1-32.1.

Under this statute, owners of North Dakota real property may transfer title to one or more beneficiaries, effective at the transferor's death, by lawfully executing and recording a transfer on death deed in the county or counties where the property is located (NDCC 32.1-02).

This transfer is nontestamentary, meaning it is not included in the owner's will (30.1-32.1-04). As a result, it does not require probate distribution. Instead, the beneficiary gains ownership of the property when the transferor dies.

To formalize the change in ownership, beneficiaries complete and record an affidavit, confirming their acceptance of the transfer. Along with the affidavit, they must submit an official copy of the deceased owner's death certificate. This process enters the new information into public records and maintains a clear chain of title (ownership history).

Contact an attorney with specific questions or for complex situations.

(North Dakota TOD Affidavit Package includes form, guidelines, and completed example)

Important: County-Specific Forms

Our transfer on death affidavit forms are specifically formatted for each county in North Dakota.

After selecting your county, you'll receive forms that meet all local recording requirements, ensuring your documents will be accepted without delays or rejection fees.

How to Use This Form

  1. Select your county from the list above
  2. Download the county-specific form
  3. Fill in the required information
  4. Have the document notarized if required
  5. Record with your county recorder's office

Common Uses for Transfer on Death Affidavit

  • Transfer property between family members
  • Add or remove names from property titles
  • Transfer property into or out of trusts
  • Correct errors in previously recorded deeds
  • Gift property to others
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