Transfer-on-Death Deed

TRANSFER ON DEATH DEED

State of North Dakota

Pursuant to N.D.C.C. 30.1-32.1 (Uniform Real Property Transfer on Death Act)

NOTICE: THIS TRANSFER ON DEATH DEED DOES NOT TRANSFER OWNERSHIP UNTIL THE DEATH OF THE TRANSFEROR. THE TRANSFEROR RETAINS FULL POWER OVER THE PROPERTY DURING HIS OR HER LIFETIME, INCLUDING THE RIGHT TO SELL, MORTGAGE, ENCUMBER, OR REVOKE THIS DEED.

After recording return to:
[________________________________]
[________________________________]
[________________________________]

TABLE OF CONTENTS

1. Transferor Information
2. Property Description
3. Transfer on Death Designation
4. Retained Rights During Lifetime
5. Revocation
6. Effect at Transferor's Death
7. Recording Requirements
8. Execution
9. Important Notices

ARTICLE I -- TRANSFEROR INFORMATION

Date of Execution: [__/__/____]

Transferor Name: [________________________________]

Transferor Date of Birth: [__/__/____]

Transferor Mailing Address:
[________________________________]
[________________________________]

Transferor Marital Status:
☐ Single / Unmarried
☐ Married to [________________________________]
☐ Widowed
☐ Divorced

Co-Transferor (if jointly owned):

Co-Transferor Name: [________________________________]

ARTICLE II -- PROPERTY DESCRIPTION

The Transferor hereby makes this Transfer on Death Deed covering the following described real property located in the County of [________________________________], State of North Dakota:

Property Street Address:
[________________________________]

Legal Description:
[________________________________]
[________________________________]
[________________________________]
[________________________________]

Section 2.1 -- Property Interest Transferred

☐ Surface Rights and Mineral Rights (entire interest)
☐ Surface Rights Only
☐ Mineral Rights Only
☐ Other (specify): [________________________________]

ARTICLE III -- TRANSFER ON DEATH DESIGNATION

Pursuant to N.D.C.C. 30.1-32.1-02, the Transferor hereby transfers to the designated beneficiary(ies) listed below the Transferor's interest in the above-described real property, effective only upon the death of the Transferor:

Section 3.1 -- Primary Designated Beneficiary(ies)

Total percentage must equal 100%.

Section 3.2 -- Contingent Designated Beneficiary(ies)

If any primary designated beneficiary does not survive the Transferor, the deceased beneficiary's share shall pass to:

Section 3.3 -- Co-Ownership Among Multiple Beneficiaries

Under N.D.C.C. 30.1-32.1-10, unless otherwise specified, multiple beneficiaries take as tenants in common with no right of survivorship. If a beneficiary does not survive the Transferor, that share transfers to the other surviving beneficiary(ies) proportionally.

☐ Tenants in Common (statutory default)
☐ Joint Tenants with Right of Survivorship (must specify)

ARTICLE IV -- RETAINED RIGHTS DURING LIFETIME

Pursuant to N.D.C.C. 30.1-32.1-09, during the Transferor's lifetime this Deed does not:

1. Affect an interest or right of the Transferor or any other owner, including the right to transfer or encumber the property;
2. Affect an interest or right of a transferee, even with actual or constructive notice;
3. Affect an interest or right of any creditor of the Transferor;
4. Affect the Transferor's or beneficiary's eligibility for any form of public assistance;
5. Create a legal or equitable interest in favor of the designated beneficiary;
6. Subject the property to claims or process of a creditor of the designated beneficiary.

ARTICLE V -- REVOCATION

Section 5.1 -- Right to Revoke

Pursuant to N.D.C.C. 30.1-32.1-03, this Deed is revocable even if the Deed contains a contrary provision.

Section 5.2 -- Methods of Revocation (N.D.C.C. 30.1-32.1-08)

This Deed may be revoked by recording:

1. A new Transfer on Death Deed that revokes this Deed expressly or by inconsistency;
2. An instrument of revocation that expressly revokes this Deed; or
3. An inter vivos deed that expressly revokes this Deed.

The revoking instrument must be acknowledged and recorded before the Transferor's death.

Section 5.3 -- Ineffective Methods

After recording, this Deed may not be revoked by a revocatory act on the deed (destruction, alteration, etc.).

ARTICLE VI -- EFFECT AT TRANSFEROR'S DEATH

Pursuant to N.D.C.C. 30.1-32.1-10:

1. The designated beneficiary must survive the Transferor to receive any interest;
2. The property is transferred subject to all conveyances, encumbrances, liens, and interests at the Transferor's death;
3. If the Transferor is a joint owner and is survived by other joint owners, the property belongs to the surviving joint owners;
4. The Transfer on Death Deed becomes effective upon the death of the last surviving joint owner;
5. The deed transfers property without covenant or warranty of title.

ARTICLE VII -- RECORDING REQUIREMENTS

Section 7.1 -- Mandatory Recording Before Death

Pursuant to N.D.C.C. 30.1-32.1-06, this Deed must be recorded before the Transferor's death in the office of the County Recorder of the county where the property is located. An unrecorded deed is void.

Section 7.2 -- After Death Filing

Upon the Transferor's death, the designated beneficiary should file with the County Recorder:

1. A certified copy of the Transferor's death certificate;
2. An affidavit of survivorship or heirship.

ARTICLE VIII -- EXECUTION

I, the undersigned Transferor, declare that I am executing this Transfer on Death Deed voluntarily, that I have the capacity required under N.D.C.C. 30.1-32.1-05 (the same capacity required to make a will), and that I understand this Deed will transfer my interest in the above-described property to the designated beneficiary(ies) upon my death.

Transferor Signature: ________________________________

Printed Name: [________________________________]

Date: [__/__/____]

Co-Transferor Signature (if applicable): ________________________________

Printed Name: [________________________________]

Date: [__/__/____]

Notary Acknowledgment

STATE OF NORTH DAKOTA
COUNTY OF [________________________________]

On this [____] day of [________________], 20[____], before me, the undersigned Notary Public, personally appeared [________________________________] (and [________________________________], if applicable), known to me to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same voluntarily.

Notary Public Signature: ________________________________

Printed Name: [________________________________]

My Commission Expires: [__/__/____]

[NOTARIAL SEAL]

ARTICLE IX -- IMPORTANT NOTICES

Notice to Transferor

1. This Deed must be recorded before your death or it has no effect.
2. The title of this Deed must include "Transfer on Death Deed" or "TOD."
3. This Deed does not transfer any interest during your lifetime.
4. You may revoke this Deed at any time by recording a proper revocation instrument.
5. A will does not revoke this Deed.
6. If transferring mineral rights, ensure the legal description specifically identifies the mineral interest.
7. Consult an attorney regarding North Dakota estate tax and homestead rights implications.

Notice to Beneficiary

1. You have no rights to the property during the Transferor's lifetime.
2. You must survive the Transferor to receive any interest.
3. The Transferor may sell, mortgage, or revoke this Deed without your knowledge or consent.
4. You receive the property without covenant or warranty of title.

CHECKLIST FOR COMPLETION

☐ All Transferor information completed in Article I
☐ Full legal description of property included in Article II
☐ Property interest type specified (surface, mineral, or both)
☐ Title of deed includes "Transfer on Death Deed" or "TOD"
☐ At least one primary beneficiary designated in Article III
☐ Contingent beneficiaries designated (recommended)
☐ Form of co-ownership selected if multiple beneficiaries
☐ Deed signed by Transferor before a Notary Public
☐ Notary acknowledgment completed with seal
☐ Deed recorded before Transferor's death at County Recorder's office
☐ Copy retained by Transferor for personal records
☐ Attorney review completed before execution

SOURCES AND REFERENCES

• North Dakota Uniform Real Property Transfer on Death Act, N.D.C.C. 30.1-32.1-01 to 30.1-32.1-14
• N.D.C.C. 30.1-32.1-02 -- Transfer on Death Deed Authorized
• N.D.C.C. 30.1-32.1-05 -- Capacity of Transferor
• N.D.C.C. 30.1-32.1-06 -- Requirements
• N.D.C.C. 30.1-32.1-08 -- Revocation
• N.D.C.C. 30.1-32.1-09 -- Effect During Transferor's Life
• N.D.C.C. 30.1-32.1-10 -- Effect at Transferor's Death
• North Dakota State Bar Association Title Standard 12-15
• Uniform Real Property Transfer on Death Act (2009), Uniform Law Commission