Skip to main content
North Dakota Revocable Living Trust
Support GuideNorth Dakota23 min read

North Dakota Revocable Living Trust

A North Dakota revocable living trust under NDCC 59-14-02: how to create and fund one, the pour-over will, the contest deadline, and its limits.

By Settled Editorial

A North Dakota revocable living trust holds your property while you live and passes it to the people you name at death without a court case. You keep control and can change or cancel it at any time. It only covers the assets you actually retitle into it, and that is where most living trusts come up short.

The governing law is the North Dakota Uniform Trust Code, chapters 59-09 through 59-19 of the North Dakota Century Code, created by 2007 House Bill 1034. Chapter 59-14 covers revocable trusts. The Legislative Council's online code carries every change the 2025 Legislative Assembly approved, and every rule below was read there.

One thing sets North Dakota apart from most states that adopted the uniform act. A 2017 bill, House Bill 1228, repealed the uniform capacity section (59-14-01) and the uniform contest deadline (59-14-04) and put North Dakota's own versions elsewhere: capacity in 59-09-04.1, and contests in a new chapter 59-10.1. A form or article that cites 59-14-04 is quoting a repealed section.

What a North Dakota Revocable Living Trust Does

A revocable living trust is an arrangement that holds assets for your benefit while you are alive and for your beneficiaries after you die. "Living" means you create it now, during your life. "Revocable" means you can undo it.

Three things follow.

You stay in charge. NDCC 59-14-05 says that while a trust is revocable, the trustee may follow a direction of the settlor that is contrary to the terms of the trust. Section 59-14-03(1) adds that while the trust is revocable, the rights of the beneficiaries are subject to the settlor's control, and the trustee's duties are owed exclusively to the settlor. Your children have no right to the trust books while you can still revoke it.

It skips probate for what is inside it. Property titled to the trustee passes under the trust instrument, so your successor trustee takes over without a court appointment.

It does nothing for what is outside it. A signed trust with nothing retitled into it avoids nothing. The funding section below is where the work happens.

Creating One: What North Dakota Requires

NDCC 59-12-01 lists three ways to create a trust: transferring property to a trustee during your life or by will, declaring that you hold identifiable property as trustee, or exercising a power of appointment in favor of a trustee. Most living trusts use the second. You declare that you hold your own property as trustee.

NDCC 59-12-02(1) then sets five conditions. A trust is created only if:

  1. the settlor has capacity to create a trust
  2. the settlor indicates an intention to create the trust
  3. the trust has a definite beneficiary, or is a charitable trust, a trust for the care of an animal under 59-12-08, or a trust for a noncharitable purpose under 59-12-09
  4. the trustee has duties to perform
  5. the same person is not the sole trustee and sole beneficiary

The fifth one trips up single people. If you name yourself as the only trustee and the only beneficiary, with nobody taking after you, you have not created a trust. Naming beneficiaries who take at your death fixes it.

The capacity standard comes from NDCC 59-09-04.1: the capacity required of a settlor is the same as that required to make a will, and it applies to creating, amending, revoking, or adding property to a trust and to directing the trustee.

When North Dakota wants a writing. The rule depends on the property. NDCC 59-12-18 says a trust in relation to real property is not valid unless it is created or declared by a written instrument subscribed by the trustee or an agent authorized in writing, by the instrument under which the trustee claims the property, or by operation of law. For other property, 59-12-07 says a trust need not be evidenced by a trust instrument, but an oral trust, its terms, and any amendment or revocation can be proved only by clear and convincing evidence. In short, put it in writing. The trust code names no notary and no witnesses for the trust document, and nothing in it requires you to file the trust with a court. Banks and title companies still like a notarized signature, so expect to sign in front of a notary anyway.

Electronic signing is allowed. Chapter 59-22, the Uniform Electronic Estate Planning Documents Act created by 2025 Senate Bill 2127, took effect August 1, 2025. Its definition in 59-22-01(5) covers a record that creates, modifies, or revokes a trust instrument or a certification of trust, and 59-22-06 says such a document or its signature may not be denied legal effect because it is electronic. The definition leaves out deeds of real property and vehicle titles, under 59-22-01(5)(b).

Revocation, Amendment, and the August 1, 2007 Line

NDCC 59-14-02(1) says that unless the terms of a trust expressly provide that it is irrevocable, the settlor may revoke or amend it. The same subsection draws a date line: the default does not apply to a trust created under an instrument executed before August 1, 2007, the day the North Dakota Uniform Trust Code took effect. Check the signature page before you assume an older trust can be revoked.

Section 59-14-02(3) sets the methods. You can revoke or amend by following, in substance, a method the trust names. If the trust names no method, or names one that is not expressly exclusive, you can use a later will or codicil that expressly refers to the trust, or any other method that shows clear and convincing evidence of your intent. Once you revoke, 59-14-02(4) requires the trustee to deliver the property as you direct.

Four more subsections belong on your checklist:

  • Married couples with a joint trust. Under 59-14-02(2), for property other than community property, each settlor may revoke or amend the trust as to the portion attributable to that settlor's contribution, and when fewer than all settlors act, the trustee must promptly tell the others.
  • Agents. Under 59-14-02(5), an agent under a power of attorney can revoke, amend, or distribute only to the extent the trust or the agent's power of attorney expressly authorizes it, in writing delivered to the trustee. A general North Dakota power of attorney will not reach your trust unless one of the two documents says so.
  • Conservators and guardians. Under 59-14-02(6), a conservator, or a guardian where no conservator has been appointed, may use those powers only with the approval of the court supervising the case.
  • A trustee who never heard. Under 59-14-02(7), a trustee who does not know the trust was revoked or amended is not liable for acting as if it had not been.

Divorce changes the trust automatically. NDCC 30.1-10-04(2)(a) revokes any revocable gift to a former spouse, and any nomination of the former spouse or a former spouse's relative as trustee, in an instrument signed before the divorce, unless the instrument, a court order, or a property settlement says otherwise. Revise the trust after a divorce rather than relying on the statute to do it cleanly.

Funding Is the Half People Skip

Funding means changing title so the trust owns the asset. A trust document signed and left in a drawer moves nothing.

Real estate. Sign a deed conveying the land to yourself as trustee and record it with the county recorder where the land sits. NDCC 47-19-03 says an individual's instrument must be acknowledged, or proved by a witness, before it can be recorded, so the deed needs a notary. NDCC 11-18-02.2(1) requires the grantee to certify on the face of the deed either the full consideration paid or the exemption in subsection 6 that applies. If the deed names "the trust" rather than the trustee, 47-19-42.1 says the conveyance is not void for that reason alone, as long as the grantee's identity is reasonably ascertainable from the deed or other public records.

Bank and brokerage accounts. Retitle each account into the name of the trust. You do not have to hand over the whole trust document. NDCC 59-18-13(1) lets the trustee give the bank a certification of trust stating that the trust exists and its effective date, the trust's name, each settlor, the acting trustee and address, the trustee's powers, whether the trust is revocable and who can revoke it, and the authority of any cotrustees. Section 59-18-13(4) says the certification need not contain the dispositive terms, and 59-18-13(8) makes a person who demands the full instrument in bad faith liable for damages.

Retirement accounts and life insurance. These pass by beneficiary designation. Naming a trust as the beneficiary of a retirement account changes how the money is taxed and paid out after death, so talk to the plan administrator or a North Dakota attorney before you do it.

Vehicles. Title rules for cars and trucks after a death are on the North Dakota vehicle transfers page.

The Pour-Over Will

Every North Dakota living trust should come with a companion will, and NDCC 30.1-08-11 makes it work. Subsection 1 lets a will leave property to the trustee of a trust identified in the will whose terms are in a separate written instrument, signed before, with, or after the will. It says the gift is not invalid because the trust is amendable or revocable, or because the trust was amended after the will was signed or after the testator's death. Subsection 2 says the property joins the existing trust and is administered under its terms, amendments included.

Subsection 3 carries the trap. Unless the will provides otherwise, a revocation or termination of the trust before the testator's death causes the devise to lapse. Revoke the trust without rewriting the will, and the will may have nothing left to say about the property it was written to catch.

The pour-over will still has to be a valid North Dakota will. NDCC 30.1-08-02(1) requires a writing signed by the testator and either signed by at least two witnesses or acknowledged before a notary public, and 30.1-08-02(2) accepts a holographic will when the signature and material portions are in the testator's handwriting. See North Dakota will requirements.

One limit to keep in mind: property that pours over through the will goes through probate first. If funding was left unfinished, somebody opens a case to move it. The will backs up the trust. It does not replace funding.

What Happens After You Die

The trust becomes irrevocable, and three clocks start.

Sixty days to tell the beneficiaries. NDCC 59-16-13(2)(d) says that within 60 days after the trustee learns that a formerly revocable trust has become irrevocable, the trustee shall notify the qualified beneficiaries of the trust's existence, the identity of the settlor, the right to request a copy of the trust instrument, and the right to a trustee's report. Section 59-16-13(2)(c) gives a trustee who accepts the job 60 days to send a name, address, and telephone number. Under 59-16-13(2)(h), neither notice applies to a revocable trust that became irrevocable before August 1, 2007.

Up to three years to contest, often much less. NDCC 59-10.1-01 lets a person challenge a trust or an amendment through a declaratory judgment action, and 59-10.1-02 requires the beneficiaries named in the trust and the settlor's present intestate heirs to be made parties. Section 59-10.1-03 bars the action after the earliest of:

  1. 120 days after the trustee notified the person of the trust's existence or amendment, with the trustee's name and address, a copy of the trust and any amendments, and the time allowed to sue
  2. three years after the settlor's death
  3. for a trust that was revocable just before death and was named in the settlor's last will, the time allowed to challenge the will
  4. the date a court judgment, the person's consent, or another limitation cut off the right to contest

The trustee can keep going in the meantime. Under 59-10.1-05(1), the trustee may distribute without liability unless the trustee actually knows of a pending contest, or a potential contestant gives notice of a possible contest and then serves the trustee within 30 days of that notice. Under 59-10.1-05(2), a court that later finds the trust or amendment invalid may order a recipient to return a distribution. If the court finds that the settlor signed the trust and had capacity, 59-10.1-04 requires it to declare the trust valid.

Creditors can still reach the trust. NDCC 59-13-05(1) says that after the settlor's death, property of a trust that was revocable just before death answers for the settlor's creditors, the costs of administering the estate, funeral expenses, and statutory allowances to a surviving spouse and children, to the extent the probate estate cannot cover them. The statute counts the homestead exemption under chapter 47-18 and the allowances in Title 30.1 among those statutory allowances. See North Dakota creditor claims for the probate side.

The successor trustee's full job is covered in what the successor trustee does.

What a North Dakota Trust Does Not Do

It does not stop your creditors. NDCC 59-13-05(1) says that during the settlor's lifetime, the property of a revocable trust is subject to claims of the settlor's creditors to the extent it would be outside the trust, whether or not the trust has a spendthrift provision.

Do not count on it to shield the house from Medicaid. NDCC 50-24.1-07(1) makes the medical assistance paid for a recipient who was 55 or older, or who lived in a nursing facility with no reasonable expectation of returning home, a preferred claim against the decedent's estate, and 50-24.1-07(2)(a) delays payment while a surviving spouse, or a child who is under 21, blind, or permanently and totally disabled, is alive. The Medicaid statute does not name living trusts either way, and we have not found a North Dakota rule that settles whether the Department of Health and Human Services reaches trust property directly. What the trust code does say is that 59-13-05(1) makes trust property answer for the settlor's creditors when the probate estate falls short. If long-term care is likely, ask the department's Estate Recovery Unit or a North Dakota attorney before relying on a trust.

It does not save a North Dakota death tax. The Office of State Tax Commissioner says no North Dakota estate tax is paid for deaths after January 1, 2005, and that the state has no inheritance tax and no gift tax.

It does not replace a power of attorney or a health care directive. A trustee manages trust property. Somebody still needs authority over accounts outside the trust and over medical decisions, through a North Dakota health care directive.

When a Trust Is Worth It in North Dakota

North Dakota already gives you low-cost ways to move property without probate:

  • One house. The North Dakota transfer on death deed passes real estate at death under chapter 30.1-32.1. Under 30.1-32.1-06 it must say "transfer on death deed" or "TOD" in its title and be recorded with the county recorder before the owner dies.
  • A small estate. NDCC 30.1-23-01 lets a successor collect personal property by affidavit 30 days after death when the entire estate, less liens and encumbrances, does not exceed $100,000. 2025 House Bill 1224 raised that figure from $50,000, so older articles quoting $50,000 are out of date. See the North Dakota small estate affidavit.
  • Accounts. Payable-on-death and transfer-on-death designations reach the same result for bank and brokerage accounts.

A trust earns its cost when you own land in more than one state, want a successor to manage property if you become incapacitated, have a beneficiary who should receive money in stages, or want one document to control everything. For the full comparison, see other ways to avoid probate, and for how a trust fits with a will, a power of attorney, and a health care directive, see the rest of the plan.

Setting Up a North Dakota Living Trust: Step by Step

  1. List every asset and how it is titled today.
  2. Pick a successor trustee and a backup.
  3. Name beneficiaries who take at your death, so you are not the sole trustee and sole beneficiary under 59-12-02(1).
  4. Sign a written trust instrument. NDCC 59-12-18 requires one for a trust that holds land.
  5. Sign a pour-over will that meets 30.1-08-02.
  6. Deed any North Dakota land to yourself as trustee, have the deed acknowledged, certify the consideration or exemption on its face, and record it with the county recorder.
  7. Retitle bank and brokerage accounts, using a certification of trust under 59-18-13.
  8. Review beneficiary designations on retirement accounts and life insurance.
  9. Sign a power of attorney that says whether the agent may amend, revoke, or fund the trust, as 59-14-02(5) requires.

When To Call a North Dakota Attorney

Talk to a licensed North Dakota attorney when:

  • Medicaid long-term care is likely, because no North Dakota rule we have read settles how estate recovery treats trust property
  • you own land outside North Dakota
  • a blended family or a prior divorce complicates who should take
  • a beneficiary has a disability, a creditor problem, or an addiction that calls for staged payments
  • a trust already exists and nobody knows which assets were ever retitled into it
  • the trust was signed before August 1, 2007, so the revocability default in 59-14-02(1) does not reach it

Frequently Asked Questions

Where is the North Dakota law on revocable living trusts?

In the North Dakota Uniform Trust Code, chapters 59-09 through 59-19 of the North Dakota Century Code, created by 2007 House Bill 1034 (S.L. 2007, ch. 549). Chapter 59-14 covers revocable trusts: 59-14-02 covers revocation and amendment, 59-14-03 says the trustee's duties are owed to the settlor while the trust is revocable, and 59-14-05 lets the trustee follow the settlor's directions. The capacity rule now sits in 59-09-04.1, and the deadline to contest a trust sits in chapter 59-10.1, both added in 2017.

Does a North Dakota living trust have to be in writing or notarized?

A trust that holds real property has to be in writing. NDCC 59-12-18 says a trust in relation to real property is not valid unless it is created or declared by a written instrument subscribed by the trustee or an agent authorized in writing, by the instrument under which the trustee claims the property, or by operation of law. For other property, 59-12-07 lets an oral trust stand only on clear and convincing evidence. The trust code names no notary or witness requirement for the trust itself, but a deed moving land into the trust must be acknowledged before the county recorder will record it, under 47-19-03.

Is a North Dakota trust revocable by default?

Yes, for trusts created by instruments signed on or after August 1, 2007. NDCC 59-14-02(1) says that unless the terms of a trust expressly provide that the trust is irrevocable, the settlor may revoke or amend it. The same subsection says the rule does not apply to a trust created under an instrument executed before August 1, 2007, so check the signature date on an older trust.

Can a North Dakota will revoke a living trust?

Sometimes. NDCC 59-14-02(3) lets the settlor revoke or amend by following, in substance, a method in the trust. If the trust names no method, or names one that is not expressly exclusive, a later will or codicil that expressly refers to the trust also works, as does any other method showing clear and convincing evidence of the settlor's intent.

What happens to a pour-over will if I revoke the trust?

The gift to the trust lapses unless the will says otherwise. NDCC 30.1-08-11(3) says that unless the testator's will provides otherwise, a revocation or termination of the trust before the testator's death causes the devise to lapse. If you revoke the trust, rewrite the will at the same time.

Does a North Dakota revocable trust protect assets from creditors?

No. NDCC 59-13-05(1) says that during the settlor's lifetime the property of a revocable trust is subject to the settlor's creditors to the same extent it would be outside the trust, whether or not the trust has a spendthrift provision. After death, the same subsection makes the property answer for creditors, estate administration costs, funeral expenses and statutory allowances to a surviving spouse and children, including the homestead exemption under chapter 47-18, to the extent the probate estate cannot cover them.

How long does someone have to contest a North Dakota living trust?

NDCC 59-10.1-03 bars a contest after the earliest of four dates: 120 days after the trustee sent the person notice with the trustee's name and address, a copy of the trust and any amendments, and the time allowed to sue; three years after the settlor's death; for a revocable trust named in the settlor's last will, the time allowed to challenge the will; or the date a court judgment, consent, or other limitation cut off that person's right.

Can I sign a North Dakota living trust electronically?

Yes, since August 1, 2025. Chapter 59-22, created by 2025 Senate Bill 2127, covers trust instruments and certifications of trust, and 59-22-06 says a nontestamentary estate planning document or its signature may not be denied legal effect because it is electronic. The same chapter excludes deeds of real property from that definition under 59-22-01(5)(b), so a deed funding the trust still follows the ordinary recording rules.

Does a North Dakota trust count toward the $100,000 small estate affidavit limit?

Property already titled to the trustee passes under the trust instrument, not by will or intestacy. NDCC 30.1-23-01(1)(a) measures the entire estate subject to distribution or succession under chapters 30.1-01 through 30.1-23, less liens and encumbrances, against $100,000, a figure 2025 House Bill 1224 raised from $50,000. A funded trust can leave a probate estate small enough to use the affidavit.

Sources:

It is not legal advice.

Prefer to talk it through? Get a free local attorney match (no obligation).

Settled Estate is not a law firm and does not give legal advice.

Not sure which documents you need?

The free estate planning assessment builds a short document list for your situation.

Take the free estate planning assessment

Information current as of September 28, 2026

Settled Estate is not a law firm, and this content is for informational purposes only and does not constitute legal advice. Probate laws and procedures in North Dakota can change. Consult with a qualified attorney for advice specific to your situation. Full disclaimer.

All North Dakota guides← Back to all articles

More North Dakota Resources

Explore the rest of the North Dakota estate planning hub.

The core documents5 pages
Trusts and avoiding probate3 pages
Tools1 page