Download North Dakota Personal Representative Deed of Distribution Forms

Probate is the legal process of settling and distributing a decedent's estate according to the provisions of a will or the relevant jurisdiction's laws of intestate succession. The personal representative (PR) is the fiduciary authorized by the district court to administer the estate.

A deed of distribution is a probate instrument executed by a PR to evidence the passing of title to realty from a decedent to his or her devisees or heirs.

In North Dakota, title passes to devisees or heirs upon death by process of law, subject to rights of creditors and administration (N.D.C.C. 30.1-12-01). The deed of distribution is recorded as evidence of title only, and states on the record that the property is not needed to pay claims on the estate, and the PR waives the statutory right to bring the property into the estate.

A deed of distribution includes statements that the grantor is the duly appointed and acting PR of the estate, and that the within named grantee is entitled to distribution of the property described within. In addition to naming each grantee, the deed states in what proportion each grantee succeeds to an interest in the property.

The PR must sign the deed in the presence of a notarial official before recording the deed, along with a certified copy of the PR's letters, in the recorder's office of the county in which the subject property is located.
To comply with North Dakota's requirements that conveyances contain a certified statement of consideration, a deed of distribution should note on the face of the document an exemption from this requirement as a transfer resulting as a settlement of an estate (11-18-02.2(6)(d)).

Consult an attorney licensed in the State of North Dakota with questions regarding deeds of distribution and probate procedures, as each situation is unique.

(North Dakota PRD of Distribution Package includes form, guidelines, and completed example)