§ 30.1-32.1-08 — Revocation by instrument authorized - Revocation by act not permitted

North Dakota § 30.1-32.1-08

• Jurisdiction: North Dakota
• Title 30.1: Uniform Probate Code
• Ch. 30.1-32.1: Uniform Real Property Transfer on Death Act

Text

1. Subject to subsection 2, an instrument is effective to revoke a recorded transfer on
death deed, or any part of it, only if the instrument:
a. Is one of the following:
(1) A transfer on death deed that revokes the deed or part of the deed expressly
or by inconsistency;

(2) An instrument of revocation that expressly revokes the deed or part of the
deed; or
(3) An inter vivos deed that expressly revokes the transfer on death deed or
part of the deed; and
b. Is acknowledged by the transferor after the acknowledgment of the deed being
revoked and recorded before the transferor's death in the public records in the
office of the county recorder of the county where the deed is recorded.
2. If a transfer on death deed is made by more than one transferor, revocation by a
transferor does not affect the deed as to the interest of another transferor and a deed
of joint owners is revoked only if it is revoked by all of the living joint owners.
3. After a transfer on death deed is recorded, it may not be revoked by a revocatory act
on the deed.
4. This section does not limit the effect of an inter vivos transfer of the property.