Recording Fees & Information

• All documents must be an original or certified copy with original signatures.
• A one inch margin must be provided on one side of each page or a $10.00 margin fee will be assessed.
• FONT SIZE NDCC 11-18-05.1.a.(2)
•  “The printed, written, or typed words must be considered legible by the recorder before the page will be accepted for recording and, unless the form was issued by a government agency, must have a font size equal to or larger than ten point Calibri.”

• ALL DOCUMENTS MUST have a three (3) inch [7.62 centimeters] margin across the top of the first page of each instrument for recording information.
• NDCC 11-18-05.1.a.4 “A space of at least three inches [7.62 centimeters] must be provided across the top of the first page of each instrument for the recorder’s recording information. If a space of at least three inches [7.62 centimeters] is not provided across the top of the first page, the recorder shall add a page, and an additional page charge must be levied in accordance with the fee structure.”
• Submitters can add a cover page with the title of the document at least three inches from the top of the page and this will serve as the first page. This would ensure the submitter knows exactly how many pages will be counted.
• If a recorder must add a page and a 6 page document results in 7 pages the $65.00 fee will be charged.
• If the recorder adds a page to a 25 or more page document the additional $3.00 per page will be assessed.
• Each real estate instrument must have a legal description considered to be adequate by the recorder before such instrument will be accepted for recording.
• Acknowledgment(s):
• Acknowledgments for all signatures
• Notary Seal(s) (ND notary seal must be surrounded by a border).
• State filled in.
• County filled in.
• Date of acknowledgement filled in.
• Name(s) of all individuals signing appear in the acknowledgement (as having appeared before notary).
• PLATS
• Size requirement for a Subdivision Plat is 22" x 34". Only 1 signed original mylar is required. Plats can only be black and white. No shading or color is allowed. Font must be no smaller than size 10.
• SURVEYS

• Must be no larger than 8 1/2" x 14". Must include signature and seal of certified surveyor.
• MAPS NDCC 43-19.1-30 and Attorney General’s Opinion 2017-L-03
• Documents that have any type of map/drawing attached to it MUST have a surveyors seal and signature. 

NDCC 11-18-02.2 STATEMENTS OF CONSIDERATION

Only 1 of 2 statements of consideration will be accepted on a Deed or Affidavit of Affixation:

• A statement of full consideration paid for the property conveyed.
• A statement designating one of the exemptions in subsection 6 which the grantee believes applies to the transaction.
• Consideration Statements

NDCC 47-19-05 Grantee Post-Office Address

No deed in which real estate is described shall be received for record by any recorder in this state if the post-office address, and any known or existing street address if within the corporate boundaries of a city, of each grantee named in such deed is not shown. Failure to have included any address on a recorded deed shall not defeat the doctrine of constructive notice.

NDCC 47-19-03.1 Metes and Bounds Legal Descriptions

Deeds and contracts for deeds to include name and address of drafter of legal description. The recorder may not record a deed or contract for deed containing a metes and bounds legal description which affects the title to or possession of real property that otherwise may be recorded under this chapter unless the name and address of the individual who drafted the legal description contained in the deed or contract for deed appears on the instrument in a legible manner. A deed or contract for deed complies with this section if it contains a statement substantially in the following form: "The legal description was prepared by ________________ (name) ________________ (address) or obtained from a previously recorded instrument." This section does not apply to any instrument executed before January 1, 2000, or any instrument executed or acknowledged outside the state. The validity and effect of the record of any instrument in a recorder's office may not be lessened or impaired by the fact the instrument does not contain the statement required by this section.

• Stark County Recorder accepts documents for e-recording through the vendor Simplifile.
• Please visit the Simplifile website to sign up for an account to submit documents.
• Documents are accepted for e-recording Monday through Thursday from 8:00 am - 4:30 pm and Fridays 8:00 am - 11:30 am. Documents submitted after acceptance hours will be processed the next business day.

Deposit of will in testator’s lifetime. The testator or the testator’s agent may deposit a will with a recorder for safekeeping. The will must be sealed and kept confidential. During the testator’s lifetime, a deposited will must be delivered only to the testator or to a person authorized in writing signed by the testator to receive the will. A conservator may be allowed to examine a deposited will of a protected testator under procedures designed to maintain the confidential character of the document to the extent possible, and to ensure that it will be resealed and kept on deposit after the examination.

DEPOSITING A WILL:

The testator or the testator’s agent may deposit a will in the Recorders Office upon payment of a $10.00 filing fee. You will be asked to note on the outside of the sealed envelope your personal representative or person authorized to obtain your will from our custody.
Wills are kept on file in a locked area with no access to anyone other than a staff member of the County Recorders Office.

SAFEKEEPING, EXAMINATION AND WITHDRAWAL OF A WILL DURING TESTATORS LIFETIME:

The County Recorder may disclose the fact that the testator has deposited a will for safekeeping to members of the general public who request the information, as this is public information, but may not disclose the contents of the will.

A recorder may, at the request of the testator or the person designated in writing by the testator, deliver to the testator the deposited will and permit the testator to review the will in a private part of the recorder’s office. The testator may return the will under seal to the recorder for deposit without the will leaving the recorder’s office.

If the testator or person designated in writing by the testator requests to withdraw their will leaves the recorder’s office with the will and wishes to redeposit the will later, a filing fee of $10.00 will be charged to refile the will.

A Personal Representative named may not receive the will without specific written authorization from the testator during testator’s lifetime.

Requiring proof of identification from persons claiming to be authorized to examine the will and requiring the person examining the will to sign a receipt not only reasonably protects the recorder’s office but also helps to provide proof for a prosecution if the person is acting falsely.

During the testator’s lifetime, a deposited will must be delivered only to the testator or to a person authorized in writing signed by the testator to receive the will.

A testator may withdraw their will from deposit at any time upon signing a receipt.

RELEASING WILL AFTER DEATH OF TESTATOR:

Proof of death must also be established prior to release of a will. This can be done by providing a copy of the death certificate or an obituary.

The recorder may permit a person who is authorized in a writing signed by the testator to receive the will or to examine the will. If there is no designation in writing regarding delivery to a person after death, then the will may only be delivered to the appropriate court.

If an attorney requests the will a letter indicating they are representing the family, date of death of the testator and copy of the death certificate should be provided.  The will at that time may be released to the Courts only.

Requiring proof  of identification from persons claiming to be authorized to receive the will and requiring the person receiving the will to sign a receipt not only protect the recorder’s office but also helps to provide proof for a prosecution if the person is acting falsely.