North Dakota Adopts the Uniform Real Estate Transfer on Death Act

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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 allows residents to transfer a few of their properties to others without needing to go through official probate. The North Dakota law permits owners of real estate to transfer their realty to their heirs and beneficiaries without needing them to pay much of the common probate expenses.
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 likewise drafted the Uniform Probate Code, which is commonly adopted by most states, including North Dakota. The commission’s significant achievements likewise include preparing the Model Marketable Title Act and the Model Rules of Criminal Treatment.

In 1989, the National Conference of Commissioners on Uniform State Laws finished its work in preparing the Non-probate Transfers on Death Act. Several states– including North Dakota– enacted the Non-probate Transfers on Death Act. The act covers the transfer of individual and investment, business income property, marital property, retirement property and presents. Acknowledging the requirement for individuals to transfer real estate without having to subject their real estate to probate administration, the National Conference of Commissioners on Uniform State Laws started drafting the Uniform Real Property 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 brand-new act. These states include Hawaii, Oregon, Nevada, Nebraska and Illinois. Probate legal representatives and lawmakers typically describe these acts, as “will substitutes.”
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 allows you to draft and record a TOD or Transfer on Death Deed to pass your real estate straight to your named beneficiaries without having to probate the TOD deed. By drafting a TOD deed, you can pass specific types of real estate to your called recipients, and your deed is exempt to the North Dakota Probate Code’s treatment of composed wills. In other words, you might pass your realty to named heirs without having your TOD deed ended up being based on the statute of wills.

Because of the value of drafting a TOD deed to comply with North Dakota law, you ought to set up an appointment with our workplace so that we can explain the legal requirements of what language TOD deeds need to incorporate.

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