North Dakota Code 30.1-32.1-06 – Requirements
1. A transfer on death deed except as otherwise provided in subsection 2 must contain the essential elements and formalities of a properly recordable inter vivos deed.
Terms Used In North Dakota Code 30.1-32.1-06
- Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
- Deed: The legal instrument used to transfer title in real property from one person to another.
- Inter vivos: Transfer of property from one living person to another living person.
- Property: includes property, real and personal. See North Dakota Code 1-01-49
- State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See North Dakota Code 1-01-49
2. A transfer on death deed must state that the transfer to the designated beneficiary is to occur at the transferor’s death.
3. A transfer on death deed must use the phrase “transfer on death deed” or the abbreviation “TOD” in the title of the deed.
4. A transfer on death deed must be recorded before the transferor’s death in the public records in the office of the county recorder of the county where the property is located.
5. An auditor’s certificate of transfer under section 11-18-02 and a statement of full consideration under section 11-18-02.2 are not required to record a transfer on death deed or a revocation instrument.