North Dakota

At a Glance

North Dakota death certificate rules.

The funeral director must file the facts of death through the electronic death registration system within three days after taking custody of the body, and must get the medical certification from whoever is responsible for it. The physician, physician assistant, or nurse practitioner in charge of the patient's care has ten days after the death to complete and file that certification; when the coroner takes the case, the coroner has ten days from taking charge. If the cause can't be determined in ten days, final disposition can't happen until the physician or coroner authorizes it. (N.D. Cent. Code § 23-02.1-19) 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. Ask each bank, insurer, court, and agency whether it needs its own certified copy before you decide how many to order.

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.

Thirty days after the death, a successor can collect the decedent's personal property with an affidavit instead of opening probate, as long as the value of the entire estate subject to distribution, less liens and encumbrances, doesn't exceed $100,000. The affidavit reaches personal property, debts owed to the decedent, stock, and similar interests. It doesn't transfer real estate. (N.D. Cent. Code § 30.1-23-01)

If you die without a will.

If a person dies in North Dakota without a valid will (intestate), N.D. Cent. Code § 30.1-04-02 sets the spouse's share:

• -Spouse, no descendants and no surviving parent: your spouse inherits the entire estate.
• -Spouse and no descendants, but a parent survives: your spouse inherits the first $300,000 plus three-fourths of the balance. Your parent takes the rest.
• -Spouse and descendants, all of them also your spouse's, and your spouse has no other children: your spouse inherits the entire estate.
• -Spouse and descendants, all of them also your spouse's, but your spouse has children from someone else: your spouse inherits the first $225,000 plus one-half of the balance.
• -Spouse and at least one descendant who isn't your spouse's: your spouse inherits the first $150,000 plus one-half of the balance. Your descendants inherit the rest.
• -No spouse or descendants: your parents inherit. If your parents are dead, their descendants inherit, meaning your siblings and their children.

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’re 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) ↗

Time off work after a death in North Dakota

North Dakota doesn't require a private employer to give bereavement leave, paid or unpaid. Whatever you get is your employer's policy, and it can be changed or refused.

Who it covers. No private employer is covered. North Dakota requires no bereavement leave.

How much. None required

Paid or unpaid. Not applicable. No bereavement leave is mandated.

North Dakota has no state family leave law and no state paid sick leave law, so there's no state-mandated leave a worker could redirect to a funeral. Everything runs on the employer's own policy, and once an employer adopts one the department's wage-and-hour guidance governs how accrued leave is treated when the job ends. There is no state-employee bereavement statute in Title 34 either; state employee leave sits in N.D. Cent. Code section 54-06-14 (annual and sick leave for state employees), whose text is served only as a PDF this check could not read, so nothing is claimed about it here. No pregnancy loss leave provision.

Source: N.D. Cent. Code tit. 34 (Labor and Employment): no bereavement, funeral, or family leave chapter ↗

Can I leave money to care for my pet in North Dakota?

Yes. North Dakota enforces pet trusts under N.D. Cent. Code 59-12-08, so money you set aside for an animal is legally binding on whoever you put in charge of it. The trust ends when your animal dies, or when the last of them dies if you covered more than one. North Dakota puts no year limit on it, so a young parrot or horse is covered for its whole life. Whoever you name in the trust enforces it, and if you name nobody a court appoints someone. Anyone who cares about the animal can ask the court to appoint an enforcer or to remove one who isn't doing the job. A judge can cut the amount back if it holds more than your animal's care requires. Unless your trust says where the extra should go, it comes back to you if you're living, and otherwise goes to your heirs. North Dakota covers an animal that was alive while you were, so a pet your family takes in after you die needs its own arrangement. Nothing in the statute names the person who'll take your animal or the person who'll keep the trustee honest, so write both into the trust, plus a backup for each.

Source: N.D. Cent. Code 59-12-08 ↗

How to set one up, and what it costs →

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 doesn't 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 don't need both. The notary and the witnesses can't 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 can't be your health care or long-term care provider, and can't 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's voluntary and complements an advance directive, providing clear medical instructions that follow the patient across care settings. It isn't the same as an advance directive, which is for future care decisions.

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

Start with N.D. Cent. Code ch. 23-06.5 (health care directives), linked as this section's source. Use the current form or sample that the official source provides or identifies. Form authority and execution requirements vary by state, so confirm the source before signing and get legal help if your situation or the instructions are unclear.

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

North Dakota requires 2 adult witnesses; notarization isn’t 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 doesn't 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 aren't 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.

Who decides what happens to the body in North Dakota

North Dakota sets this order by statute. The first person on the list who is available and willing decides, and a funeral home takes its instructions from them.

1. legally competent adult given the duty in a written statement conforming with N.D.C.C. § 23-06-31
2. surviving spouse (disqualified by arrest, charge, admission, plea, or finding of guilt for intentionally and feloniously killing the deceased)
3. the majority of the adult children
4. the surviving parent or parents, each having equal authority
5. the adult sibling or the majority of the adult siblings
6. the adult grandchild or the majority of the adult grandchildren
7. the grandparent or grandparents, each having equal authority
8. the adult nieces and nephews or a majority of them
9. the individual acting as guardian with authority to make health care decisions at the time of death
10. an adult who exhibited special care and concern for the decedent
11. the individual in the next degree of kinship in the order named by law to inherit the estate
12. the appropriate public or court authority (human service zone of the county of death, or the district court of that county)
13. separate override: for a decedent who died while serving in the armed forces, reserve forces, or national guard under 10 U.S.C. 1481(a)(1)-(8) and who completed DD Form 93, the duty devolves on the person authorized on that form (§ 23-06-03(8))

Naming someone in advance. A written statement under N.D.C.C. § 23-06-31: "A legally competent adult may prepare a written statement directing the cremation or other lawful disposition of that adult's own remains pursuant to section 23-06-03. The written statement must be signed and dated by the legally competent adult and may be part of the legally competent adult's will." No witnesses or notary are required. Section 23-06-03(7) also requires the person with the duty to honor the decedent's instructions wherever they appear, listing pre-need contracts, a health care directive, a durable power of attorney for health care, a power of attorney, a will, a § 23-06-31 document, or an anatomical gift document.

When the same tier disagrees. "If a dispute exists regarding the right to control or duty of final disposition, the parties in dispute or the mortician or funeral director may file a petition in the district court in the county of residence of the decedent requesting the court make a determination in the matter." Where a tier holds jointly and cannot decide by majority vote, the court weighs four factors: the reasonableness, practicality, and resources available for payment; the degree of personal relationship; the decedent's expressed wishes and the resources the decedent left to carry them out; and the degree to which the arrangements allow participation by all who wish to pay respect.

If a district court finds the only person in a tier was estranged from the decedent, meaning "a relationship characterized by mutual enmity, hostility, or indifference," the duty passes down a tier. Refusal or failure to act also passes the duty on, and indigent final disposition falls to the county human service zone with a fixed reimbursement of three thousand five hundred dollars and cremation required unless a religious-belief request for burial is accommodated.

Source: N.D. Cent. Code § 23-06-03 (Duty of final disposition - Final disposition of individuals who are indigent - Decedent's instructions); designation statement at § 23-06-31 ↗

If you can't afford the funeral in North Dakota

Three separate pots of money, on three different agencies' websites, collected nowhere. A family that qualifies for all three usually claims none of them.

1. When nobody can pay. Indigent final disposition under N.D.C.C. 23-06-03, paid by the human service zone, which is the county-level office that replaced county social services. Locally it's often called the General Assistance burial program. The human service zone of the county where the person lived for general assistance purposes, or the zone where the death occurred if residence can't be established. Zones are listed by ND Health and Human Services at https://www.hhs.nd.gov/service-locations/human-service/zones.

What it pays. "The reimbursement for expenses of final disposition under this subsection is three thousand five hundred dollars."

What disqualifies you. The person "did not leave sufficient means to pay for expenses of final disposition, and is not survived by an individual described by subsection 1 and identified for financial responsibility within the human service zone's general assistance policy." Small amounts don't disqualify anyone: "the human service zone may not decrease the human service zone payment due to a nominal amount left by the deceased or contributed by a spouse, parent, adult children, or any other party to defray the expenses of final disposition. Funds adequate to allow for burial instead of cremation are considered nominal under this section."

The official page ↗

2. If the death was caused by a crime. "Allowable funeral expenses are limited to $5,000.00." "Total recovery may not exceed $25,000.00."

North Dakota crime victim compensation ↗

3. Money the person was already owed. Search North Dakota's unclaimed property before you borrow anything. Searching and claiming are free.

North Dakota unclaimed property ↗

Cremation is the default: "Except for burial conducted under subdivision d, final disposition must be conducted by cremation," and the zone has to "create a process to review and accommodate a request for burial due to religious beliefs," so ask for burial in writing if that matters. The zone has seven days from the application to hire someone to arrange it. Crime victim rules are the tightest of these seven states: the crime has to have been reported to police within 96 hours and the claim filed within one year of that report.

At a Glance

No North Dakota estate tax is owed, but the law is still on the books.

North Dakota still has an estate tax law, N.D.C.C. ch. 57-37.1. Nobody pays it. The tax was written to equal the federal credit for state death taxes, and that credit went away, so the Office of State Tax Commissioner says no estate taxes are paid to North Dakota for deaths occurring after January 1, 2005. Saying the state repealed the tax is wrong, and the difference matters because a filing requirement survives.

A large estate still has to file Form 54-91.

If the estate has to file a federal estate tax return, it also has to file Form 54-91, the North Dakota Estate Tax Return, even though the North Dakota tax comes to zero. It's due 15 months after the date of death. Filed with it: a copy of the federal Form 706, the will if there is one, any farm real estate appraisal, and Form 131-3 covering farm or ranch land. Form 54.29, the affidavit on where the real and personal property sits, is required only if North Dakota tax is due.

North Dakota doesn't have an inheritance tax.

North Dakota doesn't levy an inheritance tax. An inheritance tax is a tax on money or property that a beneficiary receives from a deceased person's estate. The state repealed its inheritance tax in 1927 and replaced it with the estate tax, so heirs here pay no state tax on what they inherit. There's no state gift tax either.

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 Working Families Tax Cuts Bill (Public Law 119-21, 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 doesn’t 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 Working Families Tax Cuts Bill (Public Law 119-21, 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 can't override an adult donor's decision.

In North Dakota, a registered organ donor decision is legally binding under the Uniform Anatomical Gift Act (NDCC 23-06.6), and nobody else can amend or revoke it after your death (N.D.C.C. § 23-06.6-07(1)). One exception: if the donor is an unemancipated minor, a parent who is reasonably available can revoke or amend the gift (N.D.C.C. § 23-06.6-07(7)). Organ procurement organizations still consult families in practice, so tell yours what you decided.

Source: N.D.C.C. ch. 23-06.6, Uniform Anatomical Gift Act; the bar and exception are in § 23-06.6-07 (PDF) ↗