North Dakota Adopts the Uniform Real Property Transfer on Death Act

In Probate by Vivan Ramos

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

The act enables citizens to transfer a few of their properties to others without having to go through formal probate. The North Dakota law allows owners of real estate to move their property to their heirs and recipients without requiring them to pay a lot of the typical probate expenditures.
Drafted by the Uniform Law Commission or the National Conference of Commissioners on Uniform State Laws, the commissioners completed the Uniform Real estate Transfer on Death Act in 2009. The National Conference of Commissioners on Uniform State Laws also drafted the Uniform Probate Code, which is commonly adopted by a lot of states, including North Dakota. The commission’s notable accomplishments also consist of preparing the Model Marketable Title Act and the Design Rules of Crook Procedure.

In 1989, the National Conference of Commissioners on Uniform State Laws finished its work in preparing the Non-probate Transfers on Death Act. Numerous states– consisting of North Dakota– enacted the Non-probate Transfers on Death Act. The act covers the transfer of individual and financial investment, organisation income property, marital property, retirement property and gifts. 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 drafting the Uniform Real estate Transfer on Death Act to supplements its Uniform Non-probate Transfers on Death Act. Since 2011, 5 other states followed North Dakota’s lead and adopted the new act. These states consist of Hawaii, Oregon, Nevada, Nebraska and Illinois. Probate legal representatives and legislators frequently refer to these acts, as “will alternatives.”
Unlike the Uniform Non-probate Transfers on Death Act, the Uniform Real Estate Transfer on Death Act covers the transfer of a decedent’s real estate. North Dakota law permits you to draft and record a TOD or Transfer on Death Deed to pass your genuine property straight to your called recipients without having to probate the TOD deed. By preparing a TOD deed, you can pass specific kinds of realty to your named recipients, and your deed is not subject to the North Dakota Probate Code’s treatment of composed wills. To put it simply, you may pass your realty to called successors without having your TOD deed ended up being subject to the statute of wills.

Because of the significance of drafting a TOD deed to adhere to North Dakota law, you should arrange a visit with our office so that we can explain the legal requirements of what language TOD deeds need to incorporate.