Create a Living Trust in North Dakota

A North Dakota living trust allows you to keep your assets in a trust while also continuing to use and manage them during life. The use of a revocable living trust (also called an inter vivos trust) as part of estate planning is a popular option.

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create a living trust in north dakota

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Updated on: February 6, 2024
Read time: 4 min

A North Dakota living trust allows you to keep your assets in a trust while also continuing to use and manage them during life. The use of a revocable living trust (also called an inter vivos trust) as part of estate planning is a popular option.

Living trusts in North Dakota

A living trust in North Dakota is established by the grantor, the person placing assets in trust. Your living trust is established to manage the assets for your benefit during your life. The more assets you can place in the trust, the more benefits you will reap. Life insurance and retirement accounts cannot be transferred to a trust. You must select a trustee who is responsible for managing the assets in the trust. Most people name themselves trustee for ultimate control. You will then need to name a successor trustee to take over after your death. That trustee will continue to maintain the assets in the trust and then distribute them to your beneficiaries as you direct in the trust. A revocable trust can be altered at any point, even deleted, but an irrevocable trust cannot be changed once it is established.

Probate is one of the major reasons why some people choose a living trust. Living trusts do not go through probate. Wills must be probated to be effective. Probate is a court procedure that can take months and involves the cost of an attorney, executor, and court fees. If you leave assets through a will, they cannot be passed until probate is concluded, while a trust allows for immediate distribution if you wish. A trust also allows you to avoid probate in multiple states; simply include the property from those states in the trust and it passes without probate.

North Dakota applies the Uniform Probate Code, a standardized law which streamlines the process to some extent in comparison with other states. In addition, if your estate contains $50,000 or less, it qualifies for a small estate procedure which is shorter and less expensive than probate. It is also less expensive than setting up a trust, but cannot provide all the benefits of a trust.

Do I need a living trust in North Dakota?

Selecting a living trust is a matter of personal choice, but there are multiple benefits to keep in mind. A living trust North Dakota keeps your family business private. Wills become public record through the probate process, but a trust is kept away from prying eyes and is not revealed. Your assets, beneficiaries and trust terms are not released to anyone not involved in the process. A trust is also more challenging to contest than a will, making it more likely to remain in effect.

When you create a living trust in North Dakota, you maintain control of your assets during your life and after you pass. During your lifetime, you use assets as you normally would, living at home, driving your vehicles, and spending or giving away anything you like. The titles of the assets are in the trust’s name but nothing else is different. After you die, your assets are already in the trust and are managed and protected there according to your wishes. They are then distributed to your beneficiaries according to your instructions and can remain in the trust for years until the dates you have selected. This is in contrast to a will which distributes assets in total once probate concludes.

Your revocable living trust protects you should you become mentally incapacitated. All of your assets are already controlled, owned, and managed by the trust and a conservatorship proceeding is likely unnecessary. While a durable power of attorney can be rejected, a trust cannot be. Your financial life is protected by the trust.

Living trusts and estate taxes in North Dakota

There is no estate tax in North Dakota, but federal estate taxes are imposed on estates over $5 million. Living trusts do not protect assets from this tax. You can avoid it with the use of a special trust known as a marital trust (sometimes called an AB trust or QTIP trust), which passes assets from the deceased to a surviving spouse without tax. A living trust cannot hide assets from Medicaid spend down and it does not make assets immune to creditors.

How to create a living trust in North Dakota

If you are interested in creating a living trust in North Dakota, you will create a written trust agreement and sign it in front of a notary public. To make the trust effective, you must then transfer assets into it. Living trusts provide a variety of benefits. Consider whether these benefits appeal to you.

Ready to make a living trust in North Dakota? LegalZoom can help you create a living trust online in three simple steps. LegalZoom living trusts include a pour-over will, transfer deeds, and a document organizer.

Find out more about Living TrustsStart Now
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This article is for informational purposes. This content is not legal advice, it is the expression of the author and has not been evaluated by LegalZoom for accuracy or changes in the law.

51 days ago
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Grateful to Patti Green

Patti Green helped me so much to finish my order. She was very patient and pleasant with me and guided me so well with my living trust. She made it clear and explained things that I could understand to finish this. She is an asset to your company and I would recommend her with excellence

CU
53 days ago
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I had no Idea what to do to update my…

I had no Idea what to do to update my Living Trust. They answered all my questions and they also helped me get info I did not know I needed.

Bryan Q
59 days ago
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Living Trust Premium

Our Representative, Stormy was fantastic! She stayed with us through the whole process. She was very helpful and thorough.

sremeikis
67 days ago
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I spoke to the representative today about a Trust...

I spoke to the representative today regarding a question about an existing Living Trust. She was very helpful - told me exactly what I needed to know and how to accomplish it. As a representative in the Financial field I guide clients all the time on where to get documents done right - and its always LegalZoom - easy and effecient!

Gareth
69 days ago
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LegalZoom

I was impressed by the user-friendly interface and the outstanding support I received while creating a Revocable Living Trust. The ability to connect with support representatives in real time to address my questions was incredibly valuable. For those looking to establish a straightforward trust, I can highly recommend LegalZoom.

TDM
75 days ago
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Rida has been very helpful with respect…

Rida has been very helpful with respect o guiding me through the process of properly revising the Living trust for my elderly parents. His patience has been exemplary.

Frantz Michel
83 days ago
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Elizabeth Tisdale

Elizabeth Tisdale, knowledgeable,been having problems with the forms in my living trust,for the past two weeks and had to pay every time, Elizabeth was patient with me and explained every detail until it was corrected,she get my 5 stars

MARIA CORONA
83 days ago
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Taking the Initiative

Taking the initiative to do the info. research on our living Trust...set up back in 2016..Made the call an efficient, as well as a pleasant experience. Very thorough and friendly. Set up our atty consultation Thanks for great service!

Vicki Switzer
90 days ago
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Carmen was so patient with me

Carmen was so patient with me! Thank you for all your direction and guidance with my living Trust! Great job!

Tina Garcia
93 days ago
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Tammy was wonderful and very…

Tammy was wonderful and very knowledgeable. It's because of her that I am going to open a living trust with legal zoom. She was great. Thank You

Erin
101 days ago
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Pleasant Experience

Patience and weel given explanation about the process of how a "Living Trust" & "Deed" works after transitioning and guidance on how to contact an attorney whenever I need legal advice.

Sharron Martin
101 days ago
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Excellent LegalZoom Attorney

The LegalZoom attorney was extremely helpful in the "walk thru" assistance as I prepared the Living Trust document. The service was excellent.

customer
110 days ago
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Happy with my initial contact with Legal Zoom

Rebecca fully answered my questions about creating a living trust. She is friendly and professional, and with my mind at ease, I am looking forward to starting this process with Legal Zoom. I am confident that this will be the best route for me to take to make things a lot easier for my family when I'm gone. (And, easy for me!) I plan to be in touch in the next several weeks. Thanks, Rebecca!

Carol
128 days ago
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Michelle very professionally guided me…

Michelle very professionally guided me with her knowledge and amazing patience through the entire process of setting up my Living Trust. I am so relieved and grateful for her help. I have used LegalZoom before and you are my go to for legal advice. Thank you again Michelle.

Paula Bateman
136 days ago
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Quality Staff

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Ady Filipescu
145 days ago
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Really great job in guiding me to…

Really great job in guiding me to finish my living trust .

Ronnie Ball
151 days ago
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5 Stars

5 Stars – Outstanding Customer Service from Tammy at LegalZoom I had the pleasure of working with Tammy from LegalZoom regarding my living trust documents, and I couldn't be more impressed. She was professional, patient, and incredibly knowledgeable. Tammy took the time to walk me through every step, answered all my questions clearly, and made a complex process feel simple and stress-free. Her attention to detail and genuine care made all the difference. LegalZoom is lucky to have someone like her on their team. Thank you, Tammy!

Cn
151 days ago
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Ease and help of making changes to my…

Ease and help of making changes to my living trust. LegalZoom rep walked me through the process without any difficulties. Really like working with LegalZoom.

Gregory Bechtol
158 days ago
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Enjoyed working with Kevin to finalize…

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JOHN in CALIFORNIA
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