North Dakota

At a Glance

North Dakota death certificate rules.

In North Dakota, the funeral director or person in charge of final disposition is responsible for filing the death certificate with the state registrar within three days of the death and before final disposition of the body. A certified copy of a complete death record may be issued to a relative, an authorized representative, a funeral director, or by court order. An informational copy, which excludes cause of death and social security number, is available to the general public.

Who can order copies.

Certified copies of death records can be ordered from the North Dakota Department of Health and Human Services, Division of Vital Records. Relatives (current or surviving spouse, parent, child, grandparent, grandchild, or genetic sibling), authorized representatives, and funeral directors can obtain complete certified copies. The general public can obtain informational copies.

• –North Dakota Department of Health and Human Services, Division of Vital Records: https://www.hhs.nd.gov/vital/death
• –Cost: approximately $15.00 per certified copy for the first copy, $10.00 for additional copies ordered at the same time.
• –Copies are usually mailed in 3 to 5 business days. Expedited shipping (FedEx or UPS) requests are processed the next business day.

How do I get a death certificate in North Dakota?

Order certified copies from North Dakota's vital records office; this section's source link is the official process. The funeral home or cremation provider usually orders the first copies for you. Order at least 10: banks, insurers, and agencies each want their own certified copy.

How much does a death certificate cost in North Dakota?

$15 per certified copy in North Dakota, as shown above. Additional-copy pricing varies; the official source linked in this section has the current fee schedule.

At a Glance

When probate is required.

Probate is generally required in North Dakota if the deceased person owned assets in their name alone that exceed $100,000 in value and do not have a designated beneficiary. If the estate's value is less than $100,000 and does not include real property, a small estate affidavit can be used to transfer personal property without formal probate, after 30 days from death.

If you die without a will.

If a person dies in North Dakota without a valid will (intestate), state law dictates how their assets will be distributed. This is known as intestate succession.

• –If you have a spouse but no descendants, your spouse inherits your entire estate.
• –If you have a spouse and descendants, and all your descendants are also your spouse's descendants, your spouse inherits the first $200,000 of your intestate property, plus one-half of the balance. Your descendants inherit the rest.
• –If you have a spouse and descendants, and at least one of your descendants is not your spouse's descendant, your spouse inherits the first $150,000 of your intestate property, plus one-half of the balance. Your descendants inherit the rest.
• –If you have no spouse or descendants, your parents inherit your estate. If your parents are deceased, your siblings inherit.

Avoiding probate.

North Dakota offers several ways to avoid probate, including establishing a living trust, designating beneficiaries on accounts (Payable-on-Death or Transfer-on-Death), and holding property in joint tenancy with rights of survivorship. Transfer-on-Death deeds are also available for real estate.

How long does probate take in North Dakota?

A straightforward North Dakota probate typically runs several months to over a year, as shown in this section. Contested wills, missing heirs, or real property in other states stretch it well past that.

What is the small-estate limit in North Dakota?

$100,000. Estates under that figure can use the simplified process or affidavit covered above instead of full probate.

Do I need a probate attorney in North Dakota?

Not always. If the estate qualifies for the simplified process covered above, many people handle it without a lawyer. Hire one for full probate, a contested will, or property in more than one state. Before you hire anyone, know the fee structures: hourly, flat, and (in a few states) statutory percentages. Our probate attorney cost guide covers what each should run you.

Does North Dakota allow transfer-on-death deeds?

Yes. North Dakota authorizes the transfer on death deed under N.D. Cent. Code ch. 30.1-32.1 (§§ 30.1-32.1-01 to 30.1-32.1-14). Record it while you are alive and the property passes to your named beneficiary at death, outside probate, revocable any time before then. North Dakota adopted the uniform act in 2011; the deed must be recorded in the county where the property is located before the owner's death.

Source: N.D. Cent. Code ch. 30.1-32.1 (§§ 30.1-32.1-01 to 30.1-32.1-14) ↗

Die without a will in North Dakota and this law picks your heirs.

If you die intestate (without a valid will) in North Dakota, N.D. Cent. Code §§ 30.1-04-01 to 30.1-04-05 decides who inherits everything a will would have covered. The shares depend on exactly who survives you: spouse, children, parents, siblings. What you told people you wanted does not matter. Only a signed will changes these defaults.

What your spouse gets.

What your spouse inherits depends on who else survives you. The four common family shapes:

• –Spouse only (no descendants or parents): the entire estate.
• –Spouse + parents (no descendants): first $300,000 plus three-fourths of the balance; parents get the rest.
• –Spouse + joint descendants: the entire estate, unless the spouse has children from someone else, in which case the first $225,000 plus half the balance.
• –Spouse + blended family: first $150,000 plus half the balance; the decedent's descendants split the rest.
• –Source: N.D. Cent. Code §§ 30.1-04-01 to 30.1-04-05

Children's shares.

The descendants take the whole estate by representation: equal shares within each generation.

No spouse, no children: the line of succession.

After descendants come parents, then descendants of parents, then grandparents or their descendants in paternal and maternal halves, then descendants of a deceased spouse, and only then does the estate escheat to the state for the support of the common schools.

At a Glance

What North Dakota requires.

North Dakota law (Chapter 23-06.5 of the Century Code) allows adults to create a Health Care Directive, which combines a living will and a health care power of attorney. Under N.D.C.C. § 23-06.5-05 it must be in writing, dated, state your name, and be signed by you or by someone signing at your direction. The signature must be verified by a notary public or by at least two witnesses age 18 or older; you do not need both. The notary and the witnesses cannot be your agent, your spouse, an heir, a relative by blood, marriage, or adoption, anyone with a claim against your estate, anyone directly financially responsible for your medical care, or your attending physician. At least one witness must not be a health care or long-term care provider giving you direct care, or an employee of one.

Healthcare power of attorney.

A Health Care Power of Attorney (HCPOA) in North Dakota is typically part of the comprehensive Health Care Directive. It allows you to appoint an agent to make medical decisions on your behalf if you become incapacitated. The agent cannot be your health care or long-term care provider, and cannot be an employee of either unless the employee is your relative (N.D.C.C. § 23-06.5-04).

POLST / MOLST forms.

North Dakota recognizes Physician Orders for Life-Sustaining Treatment (POLST). A POLST form is a medical order for seriously ill patients, focusing on current medical conditions and specific treatments. It is voluntary and complements an advance directive, providing clear medical instructions that follow the patient across care settings. It is not the same as an advance directive, which is for future care decisions.

Where do I get North Dakota's advance directive form?

The controlling law is N.D. Cent. Code ch. 23-06.5 (health care directives), linked as this section's source. Most people use the free statutory form: North Dakota's health department, hospital systems, and state bar publish fillable versions that match it. You do not need to buy one, and you do not need a lawyer to complete it.

Does North Dakota require a notary or witnesses for an advance directive?

North Dakota requires 2 adult witnesses; notarization is not required. Anyone 18 or older of sound mind can make one.

At a Glance

Cremation rules in North Dakota.

North Dakota has no statutory waiting period before cremation. Before cremation, a final disposition-transit permit must be issued by a subregistrar (N.D. Cent. Code § 23-06-07), and the person with the right to control disposition (usually the next of kin) must sign the cremation authorization.

Green burial and alternatives.

North Dakota law does not prohibit green burial, which involves burying an unembalmed body in a biodegradable container or shroud without a vault. While there are no dedicated green burial cemeteries, nothing in state law prevents it. Human composting and alkaline hydrolysis are not explicitly addressed in North Dakota statutes, making their legal status unclear or generally not permitted.

• –Green burial: Legal but unregulated; allows for burial of unembalmed bodies in biodegradable containers or shrouds.
• –Human composting: Not explicitly addressed in state law, generally not permitted.
• –Alkaline hydrolysis: Not explicitly addressed in state law, generally not permitted.

Funeral home regulations.

Funeral homes and funeral directors in North Dakota are licensed and regulated by the North Dakota State Board of Funeral Service. They must comply with the FTC Funeral Rule, which requires them to provide an itemized general price list to consumers. The rule also prohibits funeral homes from requiring the purchase of a casket for cremation.

At a Glance

North Dakota does not have an estate tax.

North Dakota does not impose a state estate tax. This means that estates of deceased North Dakota residents are not subject to a state-level tax on the value of their assets before distribution to heirs. The state repealed its estate tax in 2017.

North Dakota does not have an inheritance tax.

North Dakota does not levy an inheritance tax. An inheritance tax is a tax on money or property that a beneficiary receives from a deceased person's estate. This means heirs in North Dakota do not pay state tax on their inheritance.

Federal estate tax.

The federal estate tax applies to estates over $15 million per person (2026), $30 million for married couples. This is separate from any state estate or inheritance tax. The One Big Beautiful Bill Act (2025) made the higher exemption permanent, so the drop to roughly $7 million once scheduled under the Tax Cuts and Jobs Act never took effect.

Does North Dakota have an estate tax?

No. North Dakota has no state estate tax. Only the federal estate tax applies, and only to estates over $15 million per person (2026), $30 million for a married couple.

Does North Dakota have an inheritance tax?

No. North Dakota does not tax inheritances. Heirs owe no state tax on what they receive.

What is the federal estate tax exemption for 2026?

$15 million per person, $30 million for a married couple, indexed for inflation. The One Big Beautiful Bill Act (2025) made the higher exemption permanent. Estates below the threshold owe no federal estate tax.

At a Glance

Registering as a donor in North Dakota.

In North Dakota, individuals aged 14 and older can register as organ, eye, and tissue donors. The most common ways to register are through the North Dakota Department of Transportation (NDDOT) when applying for or renewing a driver's license or state ID, or online through the Donate Life Midwest registry.

• –Donate Life Midwest (North Dakota registry): https://www.donatelifemidwest.org/nd/
• –Register at the NDDOT when obtaining or renewing a driver's license or state ID.
• –You can also indicate your donor wishes on your advance directive.

Your family cannot override your decision.

In North Dakota, as in all states, a registered organ donor decision is legally binding under the Uniform Anatomical Gift Act (NDCC 23-06.6). Your family cannot override it. However, in practice, organ procurement organizations often consult families. Make your wishes known to your family to avoid conflict.