Download North Dakota Transfer on Death Affidavit Forms

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)