North Dakota Code 30.1-32.1-10 – Effect of transfer on death deed at transferor’s death
1. Except as otherwise provided in the transfer on death deed, in this section, or in state law on antilapse, revocation by divorce or homicide, survival and simultaneous death, and elective share, if applicable to nonprobate transfers, on the death of the transferor, the following rules apply to property that is the subject of a transfer on death deed and owned by the transferor at death:
Terms Used In North Dakota Code 30.1-32.1-10
- Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
- Deed: The legal instrument used to transfer title in real property from one person to another.
- following: when used by way of reference to a chapter or other part of a statute means the next preceding or next following chapter or other part. See North Dakota Code 1-01-49
- Property: includes property, real and personal. See North Dakota Code 1-01-49
- Right of survivorship: The ownership rights that result in the acquisition of title to property by reason of having survived other co-owners.
- State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See North Dakota Code 1-01-49
a. Subject to subdivision b, the interest in the property is transferred to the designated beneficiary in accordance with the deed.
b. The interest of a designated beneficiary is contingent on the designated beneficiary surviving the transferor. The interest of a designated beneficiary that fails to survive the transferor lapses.
c. Subject to subdivision d, concurrent interests are transferred to the beneficiaries in equal and undivided shares with no right of survivorship.
d. If the transferor has identified two or more designated beneficiaries to receive concurrent interests in the property, the share of one which lapses or fails for any reason is transferred to the other, or to the others in proportion to the interest of each in the remaining part of the property held concurrently.
2. Subject to chapter 47-19, a beneficiary takes the property subject to all conveyances, encumbrances, assignments, contracts, mortgages, liens, and other interests to which the property is subject at the transferor’s death. For purposes of this subsection and chapter 47-19, the recording of the transfer on death deed is deemed to have occurred at the transferor’s death.
3. If a transferor is a joint owner and is:
a. Survived by one or more other joint owners, the property that is the subject of a transfer on death deed belongs to the surviving joint owner or owners with right of survivorship; or
b. The last surviving joint owner, the transfer on death deed is effective.
4. A transfer on death deed transfers property without covenant or warranty of title even if the deed contains a contrary provision.