🌾 How to Set Up a Trust in North Dakota (2025 Guide)

🌾 How to Set Up a Trust in North Dakota (2025 Guide)

More North Dakota families are choosing to protect their land, homes, and legacy with a revocable living trust — avoiding the time and cost of probate court.

If you're looking to create a valid trust in North Dakota without paying thousands to an attorney, this step-by-step guide is for you.

🔍 What Is a Trust?

A trust is a legal entity that holds your assets and manages them for the benefit of others (your beneficiaries). You can still control those assets during your lifetime, and your chosen trustee can step in when you pass or become incapacitated.

The most popular type in North Dakota is the Revocable Living Trust, which:

✅ Avoids probate court
✅ Keeps your estate private
✅ Lets you stay in control while you're alive
✅ Automatically passes your assets to heirs
✅ Helps with incapacity planning

📍 How to Set Up a Trust in North Dakota

1. Choose Your Trust Type

Most people start with a Revocable Living Trust, which is:

• Legal under North Dakota Century Code Chapter 59

• Fully changeable during your lifetime

• Recognized by North Dakota courts and banks

Optional clauses include:
☐ Minor’s Trust
☐ Special Needs Trust
☐ Pet Trust
☐ Dynasty Clause
☐ Spendthrift Protection

✅ TrustGenie includes all these options at no extra cost.

2. Assign the Key Roles

Every North Dakota trust needs:

• ☐ Grantor – You (or you and your spouse)

• ☐ Trustee – Manages the trust (often you while you're alive)

• ☐ Successor Trustee – Takes over if you’re incapacitated or deceased

• ☐ Beneficiaries – People or causes that receive your assets

✅ These roles can be individuals, spouses, or even companies if needed.

3. List and Organize Your Assets

Include:

• ☐ North Dakota real estate and farmland

• ☐ Checking/savings accounts

• ☐ Investment portfolios and brokerage accounts

• ☐ Vehicles, trailers, RVs

• ☐ LLCs or business interests

• ☐ Mineral rights, oil, or gas royalties

• ☐ Livestock, equipment, and tools

• ☐ Crypto, NFTs, domain names

✅ TrustGenie gives you a Schedule A and General Assignment form to capture these.

4. Draft, Sign & Notarize

To be valid in North Dakota, a trust must be:

• In writing

• Signed by the Grantor(s)

• Notarized (required for authenticity and enforceability)

✅ TrustGenie gives you detailed execution instructions with each trust.

5. Fund the Trust

This step is critical — your trust only controls what you actually move into it.

To fund your trust:

• ☐ Record a deed to move real estate into the trust

• ☐ Retitle accounts and investments in the trust’s name

• ☐ Use a General Assignment to transfer personal items

• ☐ Amend LLC Operating Agreements to reflect trust ownership

• ☐ Update beneficiary designations if needed

🚨 Failure to fund your trust means your estate may still go through probate.

⚠️ Common Mistakes in North Dakota

❌ Failing to transfer your farmland into the trust
❌ Using a generic online trust not tailored to ND law
❌ Not listing mineral or gas rights
❌ Forgetting livestock or farm equipment
❌ Naming minors without adding a subtrust
❌ Not telling your Successor Trustee where the documents are

💰 How Much Does a Trust Cost in North Dakota?

Method Estimated Cost Attorney$2,500 – $6,000+ Online Template$100 – $400 TrustGenie$150/year (all-inclusive)

✅ TrustGenie includes North Dakota-specific templates, deeds, and support.

🧠 Do You Need a Lawyer to Create a Trust in North Dakota?

No. North Dakota law allows any competent adult to create a valid trust if it:

• Is in writing

• Names a trustee and beneficiaries

• Is signed by the Grantor

• Is funded with assets

✅ TrustGenie covers every step — affordably and legally.

📎 Free Download: [North Dakota Trust Setup Checklist]
(Ask for the checklist in plain text.)

✅ Ready to Start Your North Dakota Trust?

From Bismarck to Fargo, more North Dakota residents are choosing TrustGenie to protect their land, pass on their legacy, and avoid court battles.

👉 [Create Your North Dakota Trust – $150/year]

🔗 Related Articles:

• [Avoiding Probate in North Dakota]

• [How to Transfer Your Farm into a Trust]

• [What Happens If You Die Without a Trust in ND?]

✍️ Written by:
TrustGenie Legal Team
Helping North Dakota families create modern, affordable estate plans — without lawyers or stress.