Short answer

If co-owners named on a North Dakota joint survivorship deed have died, the surviving owner(s) usually receive title automatically if the deed created a clear right of survivorship. To update public records you will typically need certified death certificate(s) and a recorded affidavit or new deed showing the survivor(s). If the deed is ambiguous or the property went through probate, you may need a probate court order or an executor’s/administrator’s deed. Always check local county recorder requirements and consider getting a title search or attorney help for complex situations.

Detailed answer — what to know and the usual steps under North Dakota law

1. Understand how survivorship works in North Dakota

When a deed clearly creates a joint tenancy with right of survivorship or uses explicit survivorship language, ownership usually passes automatically to the surviving joint tenant(s) at the moment of death. That transfer is a nonprobate change in title. Relevant North Dakota real property law is located in the North Dakota Century Code Title 47 (Real Property); consult the code for statutes that govern deeds, conveyance, and recordation: https://www.legis.nd.gov/cencode/t47. For probate and court procedures that may affect real property transfers, see the North Dakota Courts site: https://www.ndcourts.gov/.

2. Confirm whether survivorship language appears on the recorded deed

1. Obtain a recorded copy of the deed from the county recorder where the property is located.
2. Look for language such as “joint tenancy with right of survivorship,” “survivorship,” or wording that expressly states title passes to the surviving owner(s) on death.
3. If the deed is ambiguous (does not clearly state survivorship) or uses general joint wording, title may not have passed automatically and probate could be required.

3. If survivorship is clear: record death documentation and an affidavit

When the deed clearly created survivorship, the routine way to update public records is:

• Obtain certified copies of the deceased co-owner(s)’ death certificate(s) from the vital records office.
• Prepare an affidavit of survivorship or an affidavit of death of joint tenant. The affidavit identifies the deceased, states the deed created survivorship, and affirms who the surviving owner(s) are.
• Record the affidavit and the certified death certificate(s) with the county recorder where the property is recorded. Recording creates a public record that title vested in the survivor(s) on the date of death.

Contact the county recorder ahead of time to confirm local form, notary, and recording fee requirements; counties may vary in their preferred affidavit wording and supporting documents.

4. If the deed is unclear or the estate goes through probate: obtain court or fiduciary documents

If the deed does not unambiguously create survivorship, or if title is contested, you usually must transfer title through probate. Typical documents used to record the change include:

• Certified probate court order or decree transferring the property to an heir or devisee.
• Letters testamentary or letters of administration showing the personal representative’s authority.
• An executor’s or administrator’s deed, signed and recorded to convey the property out of the estate.

Probate procedures and forms are governed by the North Dakota statutes and local court rules. See the North Dakota Courts site for probate guidance: https://www.ndcourts.gov/.

5. When a new deed is appropriate

Situations where you will prepare and record a new deed include:

• To add or remove names after survivorship vests (survivor wants title in different form).
• To clear an ambiguous or defective prior deed by obtaining a corrective deed or a quiet-title action.
• When the personal representative of an estate conveys real property after probate.

6. Additional items to address after recording

• Notify the county assessor so property tax records reflect current ownership.
• Contact any mortgage or lien holders to determine whether loan payoff or lender consent is required.
• Order a title search or updated title commitment if you plan to sell or refinance.

7. Practical timeline and costs

Obtaining certified death certificates typically takes days to weeks depending on processing and delivery. Preparing an affidavit or new deed and recording it can usually be completed in days if no probate is required. County recorder fees vary by county; probate fees and attorney costs depend on case complexity.

8. When to get help

Consider getting an attorney or title professional if:

• The deed language is unclear or disputed.
• There are outstanding liens or creditors claiming rights.
• Multiple possible heirs or claimants exist.
• You need a court order to quiet title.

Key North Dakota law references

North Dakota real property and probate laws affect how title transfers on death. For statutory text and further statutory cross-references, consult the North Dakota Century Code — Title 47 (Real Property) and the probate sections on the North Dakota Courts site:

• North Dakota Century Code, Title 47 (Real Property): https://www.legis.nd.gov/cencode/t47
• North Dakota Courts — probate and court forms: https://www.ndcourts.gov/

Because county recording rules differ, also contact the county recorder where the property sits for specific recording forms and fees.

Sample checklist — documents you will likely need

• Recorded copy of the original deed.
• Certified death certificate(s) of the deceased co-owner(s).
• Affidavit of survivorship or affidavit of death of joint tenant (notarized).
• New deed (warranty, quitclaim, or fiduciary deed) if you are changing the title form or conveying the property.
• Probate court documents (order, letters) if title must pass through the estate.
• Payment for county recording fees.

Disclaimer

This information is educational only and is not legal advice. Laws and procedures change. For help applying the law to your specific situation, contact a licensed North Dakota attorney or the county recorder’s office where the property is located.

Helpful Hints

• Start at the county recorder’s office: they can confirm what paperwork and fees they require for recording a death affidavit or new deed.
• Obtain certified death certificates early — you will need originals or certified copies to record.
• Keep an up-to-date copy of the recorded deed and the recorded affidavit or new deed in your safe files after filing.
• Consider a title search before selling or refinancing to uncover liens or defects not obvious from the recorded deed.
• If multiple heirs dispute ownership, avoid unilateral actions; consult an attorney to prevent future title challenges.
• When in doubt about survivorship language or chain of title, a short consult with a real property attorney can prevent costly mistakes.