North Dakota · N.D.C.C. ch. 30.1-32.1North Dakota transfer on death deeds: the rules and what they mean for a buyer

North Dakota adopted the Uniform Real Property Transfer on Death Act. A transfer on death deed must have the elements of a recordable deed, state that the transfer happens at the owner's death, use the phrase "transfer on death deed" or the abbreviation "TOD" in its title, and be recorded before the owner's death with the county recorder where the property is; no auditor's certificate of transfer or statement of full consideration is needed to record it (N.D. Cent. Code §30.1-32.1-06). It needs no notice, delivery, acceptance or consideration (§30.1-32.1-07), and it can be revoked only by a later recorded instrument – a new TOD deed, an instrument of revocation, or an inter vivos deed that expressly revokes it – acknowledged after the deed and recorded before death (§30.1-32.1-08). During the owner's life the deed doesn't affect the right to transfer or encumber the property (§30.1-32.1-09), so the owner can sell. At death the property passes to the surviving beneficiaries subject to all encumbrances and without warranty of title (§30.1-32.1-10). If the probate estate can't cover allowed claims or statutory allowances, the estate may enforce them against the property – but not against a purchaser or lender for value from the beneficiary; claims against property already sold go against the beneficiary for its net value, and any proceeding must start within 18 months after death (§30.1-32.1-12).