Burke County Transfer on Death Deed Revocation Form (North Dakota)

All Burke County specific forms and documents listed below are included in your immediate download package:

Transfer on Death Revocation Form

Burke County Transfer on Death Revocation Form

Fill in the blank form formatted to comply with all recording and content requirements.
Included Burke County compliant document last validated/updated 10/31/2024

Transfer of Death Revocation Guide

Burke County Transfer of Death Revocation Guide

Line by line guide explaining every blank on the form.
Included Burke County compliant document last validated/updated 4/19/2024

Completed Example of the Transfer on Death Revocation Document

Burke County Completed Example of the Transfer on Death Revocation Document

Example of a properly completed form for reference.
Included Burke County compliant document last validated/updated 10/9/2024

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

Burke County Clerk of Court/Recorder

Courthouse - 103 Main St SW / PO Box 219, Bowbells, North Dakota 58721

Hours: 8:30-12:00 & 1:00-5:00

Phone: (701) 377-2818

Local jurisdictions located in Burke County include:

  • Bowbells
  • Columbus
  • Flaxton
  • Lignite
  • Portal
  • Powers Lake

How long does it take to get my forms?

Forms are available immediately after submitting payment.

How do I get my forms, are they emailed?

Immediately after you submit payment, the Burke County forms you order will be available for download directly from your account. You can then download the forms to your computer. If you do not already have an account, one will be created for you as part of the order process, and your login details will be provided to you. If you encounter any issues accessing your forms, please reach out to our support team for assistance. Forms are NOT emailed to you.

What does "validated/updated" mean?

This indicates the most recent date when at least one of the following occurred:

  • Updated: The document was updated or changed to remain compliant.
  • Validated: The document was examined by an attorney or staff, or it was successfully recorded in Burke County using our eRecording service.
Are these forms guaranteed to be recordable in Burke County?

Yes. Our form blanks are guaranteed to meet or exceed all formatting requirements set forth by Burke County including margin requirements, content requirements, font and font size requirements.

Can the Transfer on Death Deed Revocation forms be re-used?

Yes. You can re-use the forms for your personal use. For example, if you have more than one property in Burke County that you need to transfer you would only need to order our forms once for all of your properties in Burke County.

What are supplemental forms?

Often when a deed is recorded, additional documents are required by North Dakota or Burke County. These could be tax related, informational, or even as simple as a coversheet. Supplemental forms are provided for free with your order where available.

What type of files are the forms?

All of our Burke County Transfer on Death Deed Revocation forms are PDFs. You will need to have or get Adobe Reader to use our forms. Adobe Reader is free software that most computers already have installed.

Do I need any special software to use these forms?

You will need to have Adobe Reader installed on your computer to use our forms. Adobe Reader is free software that most computers already have installed.

Do I have to enter all of my property information online?

No. The blank forms are downloaded to your computer and you fill them out there, at your convenience.

Can I save the completed form, email it to someone?

Yes, you can save your deed form at any point with your information in it. The forms can also be emailed, blank or complete, as attachments.

Are there any recurring fees involved?

No. Nothing to cancel, no memberships, no recurring fees.

Revoking North Dakota's Transfer on Death Deeds

Note that revocations of 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 (TODD) 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).

Revocability is one of the unique features of TODDs. It gives property owners the flexibility to adapt to changing circumstances by modifying or cancelling future transfers with relative ease. In addition, if the owner decides to sell the real estate to someone else, executing and recording a revocation provides a firm end point for a recorded TODD. This action reduces the potential for confusion about the title, and contributes to the property's clear chain of title (ownership history).

Section 30.1-32.1-08 provides the rules for revoking a recorded TODD. There are three main options, all of which must be executed and recorded while the owner is still alive:

- a new transfer on death deed that revokes all or part of the earlier deed

- an instrument of revocation that specifically revokes the earlier deed

- a tradition deed, such as a warranty or quitclaim deed, that conveys all the owner's interest in the property.

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

Our Promise

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

Save Time and Money

Get your Burke County Transfer on Death Deed Revocation form done right the first time with Deeds.com Uniform Conveyancing Blanks. At Deeds.com, we understand that your time and money are valuable resources, and we don't want you to face a penalty fee or rejection imposed by a county recorder for submitting nonstandard documents. We constantly review and update our forms to meet rapidly changing state and county recording requirements for roughly 3,500 counties and local jurisdictions.

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James S.

November 21st, 2024

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November 21st, 2024

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November 20th, 2024

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January 15th, 2021

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