North Dakota Adopts the Uniform Real Property Transfer on Death Act

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

The act enables homeowners to move some of their assets to others without needing to go through formal probate. The North Dakota law enables owners of real estate to transfer their genuine estate to their heirs and beneficiaries without requiring them to pay a number of the common probate expenditures.
Drafted by the Uniform Law Commission or the National Conference of Commissioners on Uniform State Laws, the commissioners finished the Uniform Real Property Transfer on Death Act in 2009. The National Conference of Commissioners on Uniform State Laws likewise prepared the Uniform Probate Code, which is commonly adopted by most states, consisting of North Dakota. The commission’s noteworthy accomplishments likewise include drafting the Design Marketable Title Act and the Model Rules of Bad Guy Treatment.

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– 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 need for individuals to move genuine property without needing to subject their real property to probate administration, the National Conference of Commissioners on Uniform State Laws began 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 include Hawaii, Oregon, Nevada, Nebraska and Illinois. Probate legal representatives and lawmakers commonly describe these acts, as “will replacements.”
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 enables you to prepare and record a TOD or Transfer on Death Deed to pass your real estate straight to your called beneficiaries without needing to probate the TOD deed. By preparing a TOD deed, you can pass particular types of realty to your called beneficiaries, and your deed is exempt to the North Dakota Probate Code’s treatment of written wills. To put it simply, you might pass your realty to named successors without having your TOD deed become based on the statute of wills.

Because of the value of drafting a TOD deed to adhere to 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 should integrate.