Quitclaim Deeds and Transferring Property in North Dakota
How to sign and record a quitclaim or other deed in North Dakota, and whether you can use a transfer-on-death deed to avoid probate.
Short answer: A deed must be in writing and subscribed by the grantor or the grantor's authorized agent. To be recorded, an individual's signature must be acknowledged before a notary or other authorized officer (or proved by a subscribing witness), with original signatures. N.D. Cent. Code §§ 47-10-01, 47-10-05, 47-10-07, 47-19-03, 47-19-03.1, 47-19-07, 11-18-02, 11-18-02.2
| Signing and recording a deed | A deed must be in writing and subscribed by the grantor or the grantor's authorized agent. To be recorded, an individual's signature must be acknowledged before a notary or other authorized officer (or proved by a subscribing witness), with original signatures. The deed must show the post-office address (and street address within a city) of each grantee, and a deed with a metes-and-bounds description must name who drafted the legal description. The recorder will not record the deed without the county auditor's certificate of transfer, and the grantee must certify on the deed a statement of the full consideration paid or a listed exemption. Deeds are recorded with the county recorder where the land is located. A quitclaim deed is a valid conveyance. Deed formalities are in chapter 47-10 (https://ndlegis.gov/cencode/t47c10.pdf); the auditor's certificate and consideration statement are in chapter 11-18 (https://ndlegis.gov/cencode/t11c18.pdf). |
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| Transfer-on-death deed | 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. |
Official forms
- Guidebook and Forms for Informal Administration of an Estate (Application for Informal Probate/Appointment, Letters Testamentary, Notice to Creditors, Inventory and Appraisement, Personal Representative's Deed of Distribution, Verified Statement to Close Estate, and others)
- Guidebook and Forms for Informal Administration of an Estate (application, Letters Testamentary, notice to creditors, inventory, deed of distribution, closing statement)
Free North Dakota quitclaim deed template — fill in and print
More North Dakota estate law
- Medical Power of Attorney in North Dakota
- Small Estate Affidavit in North Dakota
- Power of Attorney in North Dakota
- Who Inherits If You Die Without a Will in North Dakota
- How to Make a Valid Will in North Dakota
- How Probate Works in North Dakota
- Living Wills and Advance Directives in North Dakota
- Revocable Living Trusts in North Dakota
- Executor Duties in North Dakota
- Letters Testamentary in North Dakota
- Affidavit of Heirship in North Dakota
- How to Avoid Probate in North Dakota
- Transferring a Car After Someone Dies in North Dakota
- All North Dakota wills, probate and estate rules
FAQ
What does a quitclaim deed need to be valid in North Dakota?
A deed must be in writing and subscribed by the grantor or the grantor's authorized agent. To be recorded, an individual's signature must be acknowledged before a notary or other authorized officer (or proved by a subscribing witness), with original signatures. The deed must show the post-office address (and street address within a city) of each grantee, and a deed with a metes-and-bounds description must name who drafted the legal description. The recorder will not record the deed without the county auditor's certificate of transfer, and the grantee must certify on the deed a statement of the full consideration paid or a listed exemption. Deeds are recorded with the county recorder where the land is located. A quitclaim deed is a valid conveyance.
Does North Dakota allow transfer-on-death deeds?
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.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.