HB 1138 Summary

• Amends North Dakota Century Code to create Chapter 30.1-32.1 establishing the Uniform Real Property Transfer at Death Act, allowing individuals to transfer real property to designated beneficiaries effective upon death through a transfer on death deed.

• Modifies disclaimer delivery rules to require that disclaimers of real property interests created by beneficiary designations must be recorded in the county recorder's office where the property is located, in addition to delivery requirements.

• Establishes that transfer on death deeds are revocable, nontestamentary instruments that do not affect property rights or interests during the transferor's lifetime and require recording before the transferor's death.

• Permits revocation of transfer on death deeds only by recorded instrument (another transfer on death deed, instrument of revocation, or inter vivos deed) acknowledged after the original deed, prohibiting revocation by physical act on the recorded deed.

• Provides that upon the transferor's death, property transfers to designated beneficiaries contingent on their survival, with creditor claims and statutory allowances enforceable against transferred property if the probate estate is insufficient to satisfy them.