As a business and real estate attorney who has drafted and reviewed hundreds of property deeds across the Upper Midwest, I’ve helped countless North Dakota homeowners, investors, and title companies transfer real estate cleanly and compliantly. One of the most frequent questions I receive is: “What are the exact North Dakota deed requirements, and where can I get a reliable North Dakota deed form without paying an attorney $300 just for the blank template?”
In this comprehensive guide, I’ll walk you through every legal requirement for deeds in North Dakota, provide you with a completely free, attorney-drafted North Dakota deed form (both Warranty and Quitclaim versions), and explain step-by-step how to fill it out, notarize it, and record it properly. Everything here is current as of November 2025 and based on North Dakota Century Code Title 47 and official guidance from the North Dakota Recorder’s Association and IRS.gov.
Important Disclaimer: This article and the downloadable templates are for informational purposes only and do not constitute legal advice. Laws change, and your specific situation may have unique factors. Always consult a licensed North Dakota attorney or title professional before executing or recording any deed.
North Dakota follows relatively straightforward deed rules compared to many states, but missing even one requirement can cause the recorder to reject your document—and cost you time and money. The primary statutes governing deeds are found in North Dakota Century Code § 47-10 (Real Property Transfers) and § 11-18 (Recorder’s Duties).
Here are the current North Dakota deed requirements that every grantor and grantee must satisfy:
| Deed Type | Level of Warranty | Most Common Use |
|---|---|---|
| Warranty Deed | Full covenants & warranties | Traditional home sales with title insurance |
| Special Warranty Deed | Warrants only during grantor’s ownership | Commercial transactions, foreclosures |
| Quitclaim Deed | No warranties whatsoever | Transfers between family, divorce settlements, adding/removing spouse |
| Personal Representative’s Deed | Varies | Probate and estate transfers |
North Dakota imposes a modest deed transfer tax of $0.50 per $500 of consideration (rounded up). Many transfers qualify for exemptions. The most common exemptions cited on IRS.gov and the North Dakota Office of State Tax Commissioner include:
You must still disclose the consideration (or claim an exemption code) on the deed itself and on the separate Deed Information Form.
Below are direct-download links to clean, fillable PDF templates I personally use in my practice. They are formatted to meet the recording requirements of all 53 North Dakota counties.
Download Free North Dakota Warranty Deed Form (PDF)
Download Free North Dakota Quitclaim Deed Form (PDF)
Download Free North Dakota Deed Information Form (Required in most counties)
These forms include pre-filled exemption language, notary jurats compliant with NDCC § 44-06.1, and margins that satisfy even the strictest recorders (Burleigh, Cass, Grand Forks, etc.).
As of 2025, every North Dakota county accepts e-recording through Simplifile, CSC, or ePN. Standard recording fees remain:
Popular county recorder links:
Cass County (Fargo) |
Burleigh County (Bismarck) |
Grand Forks County
Do I need an attorney to transfer property in North Dakota?
No, North Dakota is one of the few states that still permits laypeople to draft and record their own deeds. However, title insurance companies and lenders almost always require attorney review.
Can I use an online “free” deed form from a non-North Dakota site?
You risk rejection or even clouding title. Many generic forms lack the mandatory language required by NDCC § 47-19 and local recorders.
Is a spouse required to sign the deed even if not on title?
Yes, if the property is the homestead, the non-title spouse must sign to release homestead rights (NDCC § 47-18-05).
Transferring real estate in North Dakota remains one of the simplest and least expensive processes in the country—if you follow the North Dakota deed requirements exactly. By using the free, attorney-drafted North Dakota deed forms above and double-checking the legal description and notary block, you can confidently complete most intra-family or low-risk transfers without paying high legal fees.
Again, this guide is educational only. For complex situations—liens, probate, mineral rights reservations, or anything involving a mortgage—please consult a licensed North Dakota real estate attorney.
Feel free to bookmark this page and share it. The downloadable templates will always be free and updated annually.
Have questions about your specific deed scenario? Drop a comment below—happy to point you in the right direction (still not legal advice!).