A house or land without probate in North Dakota
An owner can sign a transfer on death deed so North Dakota real estate passes to a named beneficiary at death without probate. The deed must have the elements of a recordable deed, say that the transfer happens at the owner's death, and use the words 'transfer on death deed' or 'TOD' in its title.
Checked against official sources: October 30, 2026.
Transfer-on-death (TOD) and payable-on-death (POD) in North Dakota
- Real estate (TOD deed)
Yes · Transfer on death deed (Uniform Real Property Transfer on Death Act)
An owner can sign a transfer on death deed so North Dakota real estate passes to a named beneficiary at death without probate. The deed must have the elements of a recordable deed, say that the transfer happens at the owner's death, and use the words 'transfer on death deed' or 'TOD' in its title. It must be recorded before the owner dies. The owner can revoke it.
Law: N.D.C.C. ch. 30.1-32.1
Source: Official page
Does real estate count toward the small estate limit?
| Kind of property | How it is treated | Details |
|---|---|---|
Real estate in North Dakota | Counts | Real estate counts toward the value. The court's instructions say that if there is any real estate in the probate estate, the affidavit cannot be used and a personal representative must be appointed. Law: N.D.C.C. 30.1-23-01; ND Courts Form 1 instructions |
Main home (primary residence) | Counts | The home counts as real estate. If it is in the probate estate, the court's instructions say a personal representative must be appointed. Law: N.D.C.C. 30.1-23-01; ND Courts Form 1 instructions |
Surviving spouse in North Dakota
In a probate case, the surviving spouse is entitled to the homestead, up to $15,000 in household furniture, vehicles, furnishings, appliances and personal effects (exempt property), and a reasonable family allowance; if there is no spouse, minor and dependent children share these. These come before most creditors. North Dakota has no separate spouse-only small estate procedure.
Who inherits with no will in North Dakota
If there is no will, the surviving spouse gets everything when there are no children or parents, or when all the person's children are also the spouse's children and the spouse has no other children. If there are no children but a parent survives, the spouse gets the first $300,000 plus three-fourths of the rest. If all the children are the spouse's but the spouse has other children, the spouse gets the first $225,000 plus half. If any of the person's children are not the spouse's, the spouse gets the first $150,000 plus half. The rest, or everything if there is no spouse, goes to children (or their descendants), then parents, then brothers and sisters and their descendants, then grandparents' families.
Law: N.D.C.C. secs. 30.1-04-02, 30.1-04-03
Source: Official page
Related pages
- Small estate affidavit in North Dakota
- Car title after a death in North Dakota
- Bank accounts after a death in North Dakota
- Small estate checker for North Dakota
- Letter to a bank in North Dakota
- Balance request letter for North Dakota
- What-to-gather checklist for North Dakota
- All about small estates in North Dakota
Free help in North Dakota
A court self-help center or a legal aid office can check whether the estate qualifies, free of charge or at low cost.
- Legal Services of North Dakota
- State Bar Association of North Dakota: Lawyer Referral
- ND Courts Legal Self Help Center: Affidavit for Collection of Personal Property of the Decedent
- ND Courts: Informal Probate
- ND Courts: Informal Administration of an Estate guidebook
- LawHelp.org
- Legal Services Corporation (LSC) - Find legal aid
- Eldercare Locator · 1-800-677-1116
- Consumer Financial Protection Bureau (debt collection and mortgage complaints) · (855) 411-2372