North Dakota Transfer on Death Affidavit

County Specific Legal Forms Validated as recently as May 19, 2026 by our Forms Development Team

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About the North Dakota Transfer on Death Affidavit

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How to Use This Form

Select your county from the list on the left
Download the county-specific form
Fill in the required information
Have the document notarized if required
Record with your county recorder's office

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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)

How to Use This Form

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

What Others Like You Are Saying

— juanita S.

"Easy to fill with explanations to accompany"

— Denise S.

"Took all the guesswork out of what we were trying to accomplish, and gave us peace of mind that we w…"

— MARIZON M.

"This site/service is amazing! The response is almost real-time and the fees are super reasonable. I …"

— Erica W.

"Very easy and convenient. I will use this service again!"

— Hideo K.

"Very prompt and satisfied with the service."

Common Uses for Transfer on Death Affidavit

Name your children as beneficiaries of your real estate
Retain full control of your property during your lifetime
Provide for a loved one without giving up current ownership
Name a trust as the beneficiary of your real property
Designate multiple beneficiaries for a property
Simplify property transfer for your family after your passing
Designate a spouse as the beneficiary of your property

Compare other North Dakota deed forms and documents

Quitclaim Deed Gift Deed Warranty Deed Special Warranty Deed Grant Deed Correction Deed Easement Deed Termination of Easement Mineral Deed Mineral Deed with Quitclaim Covenants Notice of Lis Pendens Cancellation of Notice of Lis Pendens Mortgage Security Agreement and Promissory Note Certificate of Discharge of a Mortgage Assignment of Mortgage Contract for Deed Notice of Contract for Deed Cancellation of a Notice of Contract for Deed Transfer of Death Deed Transfer on Death Deed Revocation Trustee Deed Personal Representative Deed of Distribution Personal Representative Deed of Sale Certificate of Trust Disclaimer of Interest

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.

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