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The North Dakota Transfer-on-Death Deed form serves as a vital tool for property owners looking to streamline the transfer of their real estate upon death. This legal document allows individuals to designate one or more beneficiaries who will automatically inherit the property without the need for probate. By using this deed, property owners can maintain control over their assets during their lifetime while ensuring a smooth transition for their heirs. The form requires specific information, including the property description and the names of the beneficiaries, to ensure clarity and prevent disputes. Importantly, the deed must be properly executed and recorded to be effective, highlighting the necessity for attention to detail throughout the process. This approach not only simplifies estate planning but also helps to avoid potential complications that can arise during the transfer of assets after death.
Sample - North Dakota Transfer-on-Death Deed Form
North Dakota Transfer-on-Death (TOD) Deed Template
This Transfer-on-Death Deed template is prepared in compliance with the North Dakota Century Code Chapter 30.1-32.1, which allows property owners to pass their real property to a beneficiary upon the owner’s death without the need for probate.
Property Owner(s) Information:
- Full Name(s): ___________________________
- Mailing Address: ___________________________
- City, State, Zip: ___________________________
- Phone Number: ___________________________
Legal Description of Property:
- Street Address: ___________________________
- Legal Description: ___________________________
- County: ___________________________
Beneficiary Information:
- Full Name: ___________________________
- Mailing Address: ___________________________
- City, State, Zip: ___________________________
- Phone Number: ___________________________
Terms and Conditions
The Transfer on Death Deed must be recorded in the office of the county recorder in the county where the property is located before the death of the owner(s) to be effective. This deed does not take effect until the death of the owner(s), and it may be revoked at any time by the owner(s) following the procedures outlined in the North Dakota Century Code Chapter 30.1-32.1 without the consent of the beneficiary.
Owner(s) Statement:
I/We, ___________________________(insert name(s) of the property owner(s)), hereby declare that upon my/our death, the above-described property shall pass to the named beneficiary as indicated in this Transfer-on-Death Deed.
Witness my/our hand this ____ day of ______________, 20__.
_________________________________
Signature of Owner(s)
State of North Dakota
County of ________________________
This document was acknowledged before me on (date) ____________ by (name(s) of signer(s)).
_________________________________
Signature of Notary Public
My commission expires: _______________
PDF Overview
| Fact Name | Details |
|---|---|
| Definition | A Transfer-on-Death Deed allows a property owner to transfer real estate to a beneficiary upon their death, without the need for probate. |
| Governing Law | The North Dakota Transfer-on-Death Deed is governed by North Dakota Century Code, Chapter 47-19.1. |
| Eligibility | Any property owner in North Dakota can create a Transfer-on-Death Deed for their real estate. |
| Beneficiary Designation | Property owners can name one or more beneficiaries in the deed, specifying how the property will be divided. |
| Revocation | A Transfer-on-Death Deed can be revoked at any time by the property owner, as long as they follow the proper procedures. |
| Filing Requirements | The deed must be recorded with the county recorder's office in the county where the property is located to be effective. |
| Tax Implications | Transfer-on-Death Deeds do not trigger gift taxes during the property owner's lifetime, as the transfer occurs only upon death. |
| Limitations | Transfer-on-Death Deeds cannot be used for all types of property, such as certain types of joint tenancies or properties held in a trust. |
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