Detailed Answer
When a North Dakota resident dies owning or attempting to transfer a vehicle, you must determine whether that vehicle is part of the decedent’s probate estate or passes outside probate. State law classifies vehicles based on title ownership and valid non‐probate transfer arrangements.
1. Verify Title Ownership at Death
If the vehicle title lists only the decedent’s name, it generally becomes estate property. The personal representative must include it in probate or use small estate procedures. Under N.D.C.C. § 39-04-09, the Department of Transportation transfers a title only upon receipt of a properly endorsed certificate and required forms. See statute at https://www.legis.nd.gov/cencode/t39c04.pdf.
2. Joint Tenancy with Right of Survivorship
When the title names two or more owners as joint tenants with right of survivorship, the surviving owner(s) inherit full ownership automatically and avoid probate. Such vehicles do not form part of the decedent’s estate. See N.D.C.C. § 39-06-07 governing joint registrations at https://www.legis.nd.gov/cencode/t39c06.pdf.
3. Gifts and Sales Before Death
To transfer a vehicle outside of estate administration through a gift or sale, North Dakota requires:
- Donative Intent: The decedent must clearly intend to give the vehicle.
- Delivery of Title: Physical transfer of the certificate of title and endorsement to the donee or buyer.
- Acceptance: The recipient must accept the title before the decedent’s death.
If any element is missing or the title remains in the decedent’s name, the vehicle stays in the estate. See N.D.C.C. § 39-04-09 at https://www.legis.nd.gov/cencode/t39c04.pdf.
4. Transfer by Small Estate Affidavit
For estates whose total personal property value does not exceed $100,000, heirs may transfer vehicles without full probate by filing a small estate affidavit under N.D.C.C. § 30.1-32-01. The affidavit must list all assets, include a death certificate, and comply with statutory requirements. See https://www.legis.nd.gov/cencode/t30-1c32.pdf.
Disclaimer: This information is not legal advice. Consult a licensed North Dakota attorney to discuss your specific situation.
Helpful Hints
- Obtain a certified death certificate before requesting any title change.
- Check the ND DOT title certificate for joint owner designations or transfer‐on‐death options.
- Use ND DOT Form #SFN 7142 for title transfers; find forms at dot.nd.gov.
- Consider small estate procedures to avoid full probate when value is under $100,000.
- When title issues are unclear, open probate to ensure marketable title for beneficiaries or buyers.