Detailed Answer
When a decedent’s property vests in heirs under North Dakota intestacy law, all heirs collectively hold title as tenants in common. To convey their interests in real property located in another jurisdiction, heirs must execute a deed that satisfies both North Dakota execution requirements and the destination jurisdiction’s conveyancing formalities.
1. Choosing the Type of Deed
Heirs commonly use one of two deeds:
- Quitclaim Deed: Conveys whatever interest grantors have without warranties. Ideal if heirs wish to avoid liability for title defects.
- General Warranty Deed: Provides full title warranties against prior defects. Use when the buyer demands assurances on title quality.
2. Execution and Acknowledgment
The deed must be:
- In Writing: NDCC § 47-20-01 requires deeds to be in writing and signed by the grantors (NDCC § 47-20-01).
- Notarized: Each signing heir must acknowledge the deed before a notary as per NDCC § 47-20-04 (NDCC § 47-20-04).
- Full Legal Description: Include the property’s legal description and parcel number.
- Estate Reference: Note the decedent’s name, date of death, and reference to Letters Testamentary or Administration. Attach a certified copy of letters or an Affidavit of Heirship.
3. Recording the Deed
After execution and notarization, deliver the original deed to the recorder’s office in the county where the property is located. While recording requirements vary by jurisdiction, most counties require:
- Original signed deed with notarial acknowledgment.
- Certified copy of the decedent’s death certificate.
- Proof of authority (Letters Testamentary, Letters of Administration, or Affidavit of Heirship).
- Payment of recording fees and any applicable transfer taxes.
Recording creates public notice of the conveyance. The deed will be indexed under the grantors’ names and the grantee’s name.
Disclaimer: This article is for informational purposes only and does not constitute legal advice.
Helpful Hints
- Review the destination jurisdiction’s conveyance statutes to confirm deed format and fee schedules.
- Use a local real estate attorney in the property’s state to address cross-jurisdictional issues.
- Order a title search to uncover liens or encumbrances before conveyance.
- If heirs disagree, consider probate court to resolve ownership disputes.
- Retain originals of all recorded documents and provide copies to buyers and estate records.