Benson County Transfer of Death Deed Form (North Dakota)

The following North Dakota and Benson County supplemental forms are included as a courtesy with your order:

When using these Transfer of Death Deed forms, the subject real estate must be physically located in Benson County. The executed documents should then be recorded in the following office:

Local jurisdictions located in Benson County include:

• Esmond
• Fort Totten
• Knox
• Leeds
• Maddock
• Minnewaukan
• Oberon
• Saint Michael
• Tokio
• Warwick
• York

Note that transfer on death deeds must be recorded during the owner's life or they have no effect.

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.

According to this statute, owners of North Dakota real property may transfer property 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). The instruments must contain all the information required for traditional deeds, as well as a statement that the transfer will occur at the owner's death (30.1-32.1-06).

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. Even so, best practices dictate that the will and any other transfers should not contain any conflicting instructions.

Deeds under this law allow the owners to retain absolute ownership of and control over the land until death, including the ability to cancel or change the beneficiary designation, and to sell the property outright to someone else (30.1-32.1-09). Because the transfer is revocable (30.1-32.1-03), there is no obligation to notify the beneficiary or to collect consideration (money) for the potential future interest (30.1-32.1-07).

When the transferor dies, the beneficiary gains ownership of the property with no warranties of title, and subject to any mortgages, encumbrances, and agreements in place during the owner's life. (30.1-32.1-10).

Overall, transfer on death deeds are a convenient, flexible tool for a comprehensive estate plan.

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

Our Promise

The documents you receive here will meet, or exceed, the Benson County recording requirements for formatting. If there's an issue caused by our formatting, we'll make it right and refund your payment.

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