Probate & Trust Law Section Conference Manual ... - Minnesota CLE

When a trustee signs a deed, there is no affidavit of trustee or
certificate of trust required by the North Dakota Title Standards
(but these are increasingly requested by the closing agent).
When property is deeded to a trust, it may be deeded to the trust
itself, or the trustee of the trust.
You may include a statement of after-acquired title in your deeds.
5. Most real property in North Dakota is still abstracted property. Title
insurance is becoming more popular. I have never experienced Torren’s
property in North Dakota.
6. The North Dakota Recorders Information Network (NDRIN) is an
incredibly helpful and inexpensive resource in which all North Dakota
counties are providing access to real estate records for review and
purchase to subscribers for a fee. The participation in some counties is
less than others at this point.
7. Twelve North Dakota counties have begun electronic recording of
documents, in which a statement is made that the electronically
transmitted document is the originally signed document. This has greatly
sped up the processing time.
8. Life estates are a viable and common estate planning and Medicaid
planning tool in North Dakotafor real property and mineral interests, since
there is no life estate lien law or estate recovery against life estate
interests.
II.
North Dakota Estate Planning and Probate
A. Health Care Directive.
1. N.D.C.C. Chapter 23-06.5.
2. In effect when physician certifies in writing and files in medical records
that principal lacks capacity to make health care decisions. N.D.C.C. §
23-06.5-03(3).
3. Principal may authorize agent to make decisions despite principal
retaining capacity. N.D.C.C. § 23-06.5-03(4).
4. To be effective, the agent must accept the appointment in writing.
5. Form sample at N.D.C.C. § 23-06.5-17.
6. Health care record registry:
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