2016 North Dakota Century Code Title 30.1 Uniform Probate Code Chapter 30.1-32.1 Uniform Real Property Transfer on Death Act
Download as PDF
CHAPTER 30.1-32.1
UNIFORM REAL PROPERTY TRANSFER ON DEATH ACT
30.1-32.1-01. Definitions.
In this chapter:
1. "Beneficiary" means a person that receives property under a transfer on death deed.
2. "Designated beneficiary" means a person designated to receive property in a transfer
on death deed.
3. "Joint owner" means an individual who owns property concurrently with one or more
other individuals with a right of survivorship. The term includes a joint tenant and
tenant by the entirety. The term does not include a tenant in common.
4. "Property" means an interest in real property located in this state which is transferable
on the death of the owner.
5. "Transfer on death deed" means a deed authorized under this chapter.
6. "Transferor" means an individual who makes a transfer on death deed.
30.1-32.1-02. Transfer on death deed authorized.
An individual may transfer property to one or more beneficiaries effective at the transferor's
death by a transfer on death deed.
30.1-32.1-03. Transfer on death deed revocable.
A transfer on death deed is revocable even if the deed or another instrument contains a
contrary provision.
30.1-32.1-04. Transfer on death deed nontestamentary.
A transfer on death deed is nontestamentary.
30.1-32.1-05. Capacity of transferor.
The capacity required to make or revoke a transfer on death deed is the same as the
capacity required to make a will.
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.
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 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.
30.1-32.1-07. Notice, delivery, acceptance, and consideration not required.
A transfer on death deed is effective without notice or delivery to or acceptance by the
designated beneficiary during the transferor's life or without consideration.
30.1-32.1-08. Revocation by instrument authorized - Revocation by act not permitted.
1. Subject to subsection 2, an instrument is effective to revoke a recorded transfer on
death deed, or any part of it, only if the instrument:
a. Is one of the following:
(1) A transfer on death deed that revokes the deed or part of the deed expressly
or by inconsistency;
(2) An instrument of revocation that expressly revokes the deed or part of the
deed; or
(3) An inter vivos deed that expressly revokes the transfer on death deed or
part of the deed; and
Page No. 1
b.
2.
3.
4.
Is acknowledged by the transferor after the acknowledgment of the deed being
revoked and recorded before the transferor's death in the public records in the
office of the county recorder of the county where the deed is recorded.
If a transfer on death deed is made by more than one transferor, revocation by a
transferor does not affect the deed as to the interest of another transferor and a deed
of joint owners is revoked only if it is revoked by all of the living joint owners.
After a transfer on death deed is recorded, it may not be revoked by a revocatory act
on the deed.
This section does not limit the effect of an inter vivos transfer of the property.
30.1-32.1-09. Effect of transfer on death deed during transferor's life.
During a transferor's life, a transfer on death 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 if the transferee has actual or
constructive notice of the deed;
3. Affect an interest or right of a secured or unsecured creditor or future creditor of the
transferor, even if the creditor has actual or constructive notice of the deed;
4. Affect the transferor's or designated beneficiary's eligibility for any form of public
assistance;
5. Create a legal or equitable interest in favor of the designated beneficiary; or
6. Subject the property to claims or process of a creditor of the designated beneficiary.
30.1-32.1-10. Effect of transfer on death deed at transferor's death.
1. Except as otherwise provided in the transfer on death deed, in this section, or in state
law on antilapse, revocation by divorce or homicide, survival and simultaneous death,
and elective share, if applicable to nonprobate transfers, on the death of the transferor,
the following rules apply to property that is the subject of a transfer on death deed and
owned by the transferor at death:
a. Subject to subdivision b, the interest in the property is transferred to the
designated beneficiary in accordance with the deed.
b. The interest of a designated beneficiary is contingent on the designated
beneficiary surviving the transferor. The interest of a designated beneficiary that
fails to survive the transferor lapses.
c. Subject to subdivision d, concurrent interests are transferred to the beneficiaries
in equal and undivided shares with no right of survivorship.
d. If the transferor has identified two or more designated beneficiaries to receive
concurrent interests in the property, the share of one which lapses or fails for any
reason is transferred to the other, or to the others in proportion to the interest of
each in the remaining part of the property held concurrently.
2. Subject to chapter 47-19, a beneficiary takes the property subject to all conveyances,
encumbrances, assignments, contracts, mortgages, liens, and other interests to which
the property is subject at the transferor's death. For purposes of this subsection and
chapter 47-19, the recording of the transfer on death deed is deemed to have occurred
at the transferor's death.
3. If a transferor is a joint owner and is:
a. Survived by one or more other joint owners, the property that is the subject of a
transfer on death deed belongs to the surviving joint owner or owners with right of
survivorship; or
b. The last surviving joint owner, the transfer on death deed is effective.
4. A transfer on death deed transfers property without covenant or warranty of title even if
the deed contains a contrary provision.
Page No. 2
30.1-32.1-11. Disclaimer.
A beneficiary may disclaim all or part of the beneficiary's interest as provided by chapter
30.1-10.1.
30.1-32.1-12. Liability for creditor claims and statutory allowances.
1. To the extent the transferor's probate estate is insufficient to satisfy an allowed claim
against the estate or a statutory allowance to a surviving spouse or child, the estate
may enforce the liability against property transferred at the transferor's death by a
transfer on death deed. The estate may not enforce the liability against a purchaser of
the property for value or a person that acquires an encumbrance in the property for
value from the person that received the property by a transfer on death deed.
2. If more than one property is transferred by one or more transfer on death deeds, the
liability under subsection 1 is apportioned among the properties in proportion to the net
values of the property at the transferor's death.
3. A proceeding to enforce the liability under this section may not be commenced later
than eighteen months after the transferor's death. Any proceeding to enforce the
liability as to property that has been purchased or encumbered for value must be
brought against the person that received the property by a transfer on death deed for
the net value at the time of the transferor's death.
30.1-32.1-13. Relation to Electronic Signatures in Global and National Commerce Act.
This chapter modifies, limits, and supersedes the federal Electronic Signatures in Global
and National Commerce Act [15 U.S.C. 7001 et seq.] but does not modify, limit, or supersede
section 101(c) of that Act [15 U.S.C. 7001(c)] or authorize electronic delivery of any of the
notices described in section 103(b) of that Act [15 U.S.C. 7003(b)].
30.1-32.1-14. Application.
This Act applies to a transfer on death deed made before, on, or after August 1, 2011, by a
transferor dying on or after August 1, 2011. This chapter does not affect any method of
transferring property otherwise permitted under the law of this state.
Page No. 3
Disclaimer: These codes may not be the most recent version. North Dakota may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
