AGO 81-066.

• Case Date: June 19, 1981
• Court: North Dakota

North Dakota Attorney General Opinions 1981. AGO 81-066. OPINION 81-66Date Issued: June 19, 1981 (AGO 81-66) Requested by: John F. Burke, Walsh County State's Attorney- QUESTION PRESENTED - Whether the provisions of section 47-19-06 of the North Dakota Century Code prohibit a register of deeds from recording a death certificate unless either a certified copy of an order of a county court or a statement of the State Tax Commissioner relating to the estate tax determination has been recorded if the decedent had a life estate which was created by someone other than the decedent.- ATTORNEY GENERAL'S OPINION - It is my opinion that the provisions of section 47-19-06, N.D.C.C., prohibit a register of deeds from recording a death certificate unless either a certified copy of an order of a county court or a statement of the Tax Commissioner relating to the estate tax determination has been recorded if the decedent had life estate which was created by someone other than the decedent. - ANALYSIS - The North Dakota Supreme Court held long ago that a register of deeds is a ministerial officer. Rising and Isaacs v. Dickinson, 121 N.W. 616 (N.D. 1909). The authority of ministerial officers is to be strictly construed. Youngblood v. United States, 141 F.2d. 912 (Sixth Cir. 1944). 76 C.J.S. Register of Deeds Section 10, at page 514, states:

Generally, the duty of the register is to receive and file, or receive and record, as the case may be, such instruments, and only such instruments, as by law are entitled to be filed or recorded, and to file or record them in such manner as to serve all the purposes of the law.

Section 47-19-06, N.D.C.C., provides, in part, that whenever the...