Can you use a transfer-on-death deed in North Dakota?
Yes. In North Dakota, an owner may pass real estate at death by a transfer on death deed that has the formalities of a recordable deed, states that the transfer happens at the owner’s death, uses "transfer on death deed" or "TOD" in its title, and is recorded with the county recorder before the owner dies; the deed stays revocable. Chapter 30.1-32.1 is North Dakota’s Uniform Real Property Transfer on Death Act. The deed is effective without notice or delivery to, or acceptance by, the beneficiary during the owner’s life, and without consideration. A recorded transfer on death deed can be revoked only by an acknowledged instrument recorded before the owner’s death, not by an act on the deed itself. This is N.D. Cent. Code §§ 30.1-32.1-02, 30.1-32.1-03, 30.1-32.1-06, 30.1-32.1-07, 30.1-32.1-08.
| What | North Dakota |
|---|---|
| Transfer-on-death deed | Allowed; record before death |
Source
N.D. Cent. Code §§ 30.1-32.1-02, 30.1-32.1-03, 30.1-32.1-06, 30.1-32.1-07, 30.1-32.1-08
Read the statute in the North Dakota Century Code (North Dakota Legislative Branch): ndlegis.gov.
Checked against the statute on November 13, 2026.
This is a summary of a published statute, not legal advice. Rules change, local ordinances can add to them, and the terms of a specific lease may differ. Check the citation and speak to a lawyer before acting.
How Seayora uses this rule
An owner on Seayora keeps each property’s owners of record, its entity and its documents in one place, so who holds title and how is on file beside the leases and the books.
Guides on this rule
- Joint Tenancy and Transfer-on-Death Deeds by State — How each state reads a deed to two or more people, survivorship rules, and where a transfer-on-death deed is allowed by statute.
Compare this rule in every state
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The same question in other states
- Alaska
- Arizona
- Arkansas
- California
- Colorado
- Delaware
- District of Columbia
- Georgia
- Hawaii
- Illinois
- Indiana
- Kansas