How to Avoid Probate in North Dakota

Non-probate transfers available in North Dakota: (1) Transfer on death deed for real estate, recorded before death (N.D. Cent. Code ch. 30.1-32.1). (2) Payable-on-death (P.O.D.) bank accounts and multiple-party accounts, paid to the surviving party or beneficiary on proof of death (§§ 30.1-31-04, 30.1-31-16). (3) Transfer-on-death registration of securities and brokerage accounts (§§ 30.1-31-21 to 30.1-31-30). (4) Beneficiary designations in insurance, retirement plans, trusts and similar written instruments, which are nontestamentary (§ 30.1-31-01). (5) Vehicles titled to joint tenants with right of survivorship pass to the survivor on a death certificate (NDDOT). (6) Small estate affidavit for personal property when the estate is $100,000 or less, 30 days after death (§ 30.1-23-01). (7) Revocable living trust (Uniform Trust Code).

Thirty days after death, a successor may collect the decedent's personal property (money owed, tangible personal property, stock and similar instruments) by presenting an affidavit stating that the entire estate, wherever located, less liens and encumbrances, does not exceed $100,000; that 30 days have passed since death; that no application or petition for a personal representative is pending or has been granted in any jurisdiction; and that the successor is entitled to the property. Transfer agents must re-register securities on the affidavit. The procedure covers personal property only; real estate cannot be transferred this way. The affidavit is presented to whoever holds the property and is not filed with the court.

Yes. Under the Uniform Real Property Transfer on Death Act, an individual with the capacity to make a will may transfer real property to beneficiaries effective at death. The deed must have the elements and formalities of a recordable deed, state that the transfer occurs at the owner's death, use the phrase "transfer on death deed" or "TOD" in its title, and be recorded before the owner's death with the county recorder where the property is located. It is revocable, and notice, delivery, acceptance or consideration is not required. An auditor's certificate of transfer and a statement of full consideration are not required to record it.