North Dakota § 30.1-32.1-10 Effect of transfer on death deed at transferor's death

North Dakota Statutes

§ 30.1-32.1-10 — Effect of transfer on death deed at transferor's death

North Dakota § 30.1-32.1-10

Title 30.1Uniform Probate Code

Ch. 30.1-32.1Uniform Real Property Transfer on Death Act

This text of North Dakota § 30.1-32.1-10 (Effect of transfer on death deed at transferor's death) is published on Counsel Stack Legal Research, covering North Dakota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

N.D. Cent. Code § 30.1-32.1-10 (2026).

Text

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:

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 be

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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:
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.