Revocable Living Trusts in North Dakota

North Dakota has adopted the Uniform Trust Code (N.D. Cent. Code chapters 59-09 through 59-19). A trust may be created by transferring property to a trustee during life, by declaring that you hold identifiable property as trustee, or by will. The settlor must have capacity and intend to create the trust, there must be a definite beneficiary, the trustee must have duties, and the same person cannot be the sole trustee and sole beneficiary. A written instrument is not required by the trust code, but an oral trust can be proved only by clear and convincing evidence (and real estate transfers still need a written deed). A trust is revocable unless its terms expressly say it is irrevocable (for trusts created by instruments signed on or after August 1, 2007). While the trust is revocable, the trustee's duties are owed to the settlor. Property that has been retitled to the trustee passes under the trust terms at death rather than through probate; property left in the decedent's own name may still need probate or a small estate procedure.

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).