Detailed Answer: Steps to file and record a new deed so your child becomes the owner (North Dakota)

Short answer: First identify how the property is titled. If it passed automatically to the surviving owner (for example, joint tenancy with right of survivorship), you typically record proof of death and a survivorship affidavit with the county recorder. If the deceased owned the property solely and left it to a child by will or intestacy, you must handle probate or use a court-authorized transfer before the personal representative can sign a deed to the child. In most cases the practical steps are: obtain the death certificate, determine title and any mortgage, complete the required affidavit or probate steps, prepare and sign a deed (by the right person), notarize it, and record it in the county where the property is located.

1. Determine how the property is owned

Start by getting a current copy of the deed and running a title check at the county recorder’s office where the property sits. Common ownership types and consequences:

• Joint tenancy with right of survivorship — ownership typically passes automatically to the surviving joint owner(s) on death. You usually record a certified copy of the death certificate plus an affidavit of survivorship or similar document to get the recorder to update the county records.
• Tenancy in common or sole ownership — the decedent’s share does not pass automatically. Transfer requires a will-based probate administration or an intestate succession process if there is no will.
• Deeds with transfer-on-death notation — some jurisdictions permit transfer-on-death deeds. If such a deed exists and was properly executed, the beneficiary can record the required documents to obtain title without probate. Confirm whether North Dakota recognizes the type of TOD document on your deed and follow recorder rules.

2. Gather required documents

Typical documents you will need:

• Certified copy of the decedent’s death certificate (several certified copies are often needed).
• Existing deed showing current title.
• If title passes by survivorship: a completed affidavit of survivorship or recorder form (some counties have their own form).
• If probate is required: letters testamentary or letters of administration issued by the probate court showing the personal representative’s authority to transfer property.
• The new deed (usually a quitclaim deed or a warranty deed) transferring title from the person with authority (survivor, personal representative, or executor) to your child.

3. If title passes automatically (survivorship or an effective TOD deed)

Steps:

1. Obtain a certified death certificate from the funeral home or vital records.
2. Contact the county recorder’s office where the property is located to learn the recorder’s requirements for recording a survivorship affidavit or TOD acceptance. Each county may have a slightly different form or additional requirements.
3. Complete the affidavit or acceptance form, have it notarized, and attach the certified death certificate.
4. Record the affidavit and supporting documents with the county recorder. After recording, request an updated copy of the deed or tax parcel record showing the new owner.

4. If probate is required (decedent owned the property in sole name)

Typical steps in North Dakota:

1. Open probate in the county where the decedent lived or where the property is located. If there is a will, file it with the county district court and petition to have an executor/administrator appointed.
2. The court issues letters testamentary or letters of administration that give the personal representative authority to manage and convey estate property.
3. The personal representative prepares a deed (often a special warranty deed or quitclaim deed) transferring the property to the beneficiary (your child). The deed must be signed by the personal representative and notarized.
4. Record the deed at the county recorder’s office where the property is located. Attach the court-issued letters or follow the recorder’s instructions for showing authority to convey.

5. Drafting and recording the deed

Key points when preparing the deed:

• Use the correct legal description exactly as it appears on the current deed.
• Identify the grantor (the person or personal representative who has legal authority to sell or convey) and the grantee (your child) clearly.
• Choose the appropriate deed form (quitclaim for simple transfers, or warranty deed for broader assurances). An attorney or title company can advise which is appropriate.
• Have the deed signed in front of a notary public and any witnesses required by local practice.
• Record the deed at the county recorder; pay recording fees and any transfer taxes or documentary fees, if applicable.

6. Special practical considerations

• If there is a mortgage on the property, the lender may have a lien that survives death; the mortgage generally must be paid or assumed, or the lender must agree to the transfer.
• Title companies can perform a title search and issue a new title insurance policy if desired; this reduces later disputes about ownership.
• If the estate is small, ask the court clerk about simplified or informal probate procedures that may speed transfer of the property.
• Keep certified copies of the death certificate and all recorded documents for the child’s future proof of ownership.

Helpful legal resources in North Dakota

• North Dakota Century Code and statutes: https://www.legis.nd.gov/cencode
• North Dakota Courts (general information on probate and court contacts): https://www.ndcourts.gov/
• County recorder offices (for recording requirements and fees): contact the recorder in the county where the property is located; county contacts are listed on county websites or through the county government portal.

When to consult an attorney

Consider hiring an attorney if any of the following apply:

• The ownership history or deed language is unclear.
• There is no will and multiple heirs are involved (intestate succession disputes).
• The property has liens, a mortgage, or tax problems.
• There are competing claims to the property or potential challenges to the will.

Bottom line

Transferring real property after a spouse’s death in North Dakota depends on how title is held. If title passes automatically, you can typically record a death certificate and survivorship or TOD affidavit to clear title. If the decedent owned the property outright and left it to your child (or died intestate), probate or court authorization will normally be required before a deed can be validly executed and recorded in your child’s name. Contact the county recorder and the probate court early, collect certified death certificates, and consider legal help for drafting deeds or navigating probate.

Helpful Hints

• Order several certified death certificates at once—recorders, banks, and government agencies often require originals.
• Start with the county recorder’s office to learn their exact submission and fee rules before preparing documents.
• Keep the original recorded deed and a certified copy of any letters from probate court in a safe place for the new owner.
• Check for mortgages or liens early—paying off or assuming a mortgage may be required to clear title.
• Ask the recorder if they require an affidavit of value, transfer tax forms, or an estate tax form when recording the deed.
• When in doubt, consult a probate or real estate attorney to make sure the transfer is done correctly and to avoid later title disputes.

Disclaimer: This article explains general North Dakota procedures and is for informational purposes only. It is not legal advice. For guidance tailored to your situation, consult a licensed North Dakota attorney or the county recorder/probate court.