North Dakota Adopts the Uniform Real Property Transfer on Death Act

On April 27 of 2011, North Dakota became the first official state to embrace the Uniform Real estate Transfer on Death Act.

The act permits citizens to move a few of their properties to others without having to go through official probate. The North Dakota law allows owners of genuine property to move their realty to their heirs and beneficiaries without needing them to pay much of the normal probate expenses.
Drafted by the Uniform Law Commission or the National Conference of Commissioners on Uniform State Laws, the commissioners finished the Uniform Real estate Transfer on Death Act in 2009. The National Conference of Commissioners on Uniform State Laws also prepared the Uniform Probate Code, which is widely adopted by many states, consisting of North Dakota. The commission’s noteworthy accomplishments likewise include drafting the Design Marketable Title Act and the Model Rules of Lawbreaker Procedure.

In 1989, the National Conference of Commissioners on Uniform State Laws finished its work in drafting the Non-probate Transfers on Death Act. Numerous states– including North Dakota– enacted the Non-probate Transfers on Death Act. The act covers the transfer of individual and financial investment, organisation earnings property, marital property, retirement property and presents. Recognizing the requirement for individuals to transfer real estate without having to subject their genuine property to probate administration, the National Conference of Commissioners on Uniform State Laws started preparing the Uniform Real estate Transfer on Death Act to supplements its Uniform Non-probate Transfers on Death Act. Since 2011, five other states followed North Dakota’s lead and embraced the new act. These states consist of Hawaii, Oregon, Nevada, Nebraska and Illinois. Probate legal representatives and legislators typically describe these acts, as “will replacements.”
Unlike the Uniform Non-probate Transfers on Death Act, the Uniform Real Property Transfer on Death Act covers the transfer of a decedent’s genuine property. North Dakota law permits you to prepare and tape-record a TOD or Transfer on Death Deed to pass your genuine property directly to your named beneficiaries without needing to probate the TOD deed. By preparing a TOD deed, you can pass particular types of property to your called recipients, and your deed is not subject to the North Dakota Probate Code’s treatment of written wills. To put it simply, you might pass your realty to named heirs without having your TOD deed become subject to the statute of wills.

Because of the value of preparing a TOD deed to comply with North Dakota law, you ought to schedule a visit with our office so that we can discuss the legal requirements of what language TOD deeds need to integrate.