South Dakota Transfer on Death Deed

Q: What is a transfer on death deed in South Dakota?

A South Dakota transfer on death deed is a deed you sign and record while you are alive that names a beneficiary to receive your real property automatically when you die, without probate (S.D. Codified Laws 29A-6-401 and following). During your lifetime it has no effect on your ownership: you keep full control and can sell or revoke it, and the beneficiary has no interest until you die. It passes only the property described in the deed.

Q: What is the difference between a transfer on death deed and a will in South Dakota?

A South Dakota will directs who inherits your property, but the property still passes through probate, the court process that can take many months. A South Dakota transfer on death deed passes the specific real property it names directly to the beneficiary at your death, outside probate. The will covers your whole estate; the transfer on death deed covers only the real property it describes. Many people in South Dakota use both, so the deed handles the land and the will handles everything else.

Q: How do I make a South Dakota transfer on death deed valid?

To be valid in South Dakota the deed must have the essential elements and formalities of a properly recordable deed, so you sign it and have your signature acknowledged before a notary, and it must state that the transfer occurs at your death (S.D. Codified Laws 29A-6-408). You must then record it before your death in the office of the register of deeds in the county where the property is located. South Dakota does not require witnesses.

Q: When must a South Dakota transfer on death deed be recorded?

A South Dakota transfer on death deed is not effective unless it is recorded before your death in the office of the register of deeds in the county where the property is located (S.D. Codified Laws 29A-6-408). Recording must happen while you are alive; a deed recorded after you die does not transfer the property. There is no fixed number of days, but you should record it promptly after signing so it is on file before death.

Q: Can I revoke a South Dakota transfer on death deed?

Yes. A South Dakota transfer on death deed is revocable even if the deed says otherwise, but only by an instrument you acknowledge and record before your death, such as a later transfer on death deed, an instrument of revocation, or a deed transferring the property (S.D. Codified Laws 29A-6-405, 29A-6-410). Because revocation works only through a recorded instrument during your life, a will does not revoke a South Dakota transfer on death deed.

Q: What capacity do I need to sign a South Dakota transfer on death deed?

The capacity required to make or revoke a South Dakota transfer on death deed is the same as the capacity required to make a will (S.D. Codified Laws 29A-6-407). This is a lower standard than the capacity needed for some contracts. Even so, you should be able to understand that you are naming who receives the property at your death. DocDraft prepares the deed, and attorney review is available if capacity is a concern.

Q: Does a South Dakota transfer on death deed avoid all debts on the property?

No. At your death the beneficiary takes the property subject to all conveyances, encumbrances, mortgages, liens, contracts, and other interests on it at that time (S.D. Codified Laws 29A-6-416). The deed avoids probate for the transfer itself, but it does not erase a mortgage or a lien on the property. You should confirm what is owed on the property before relying on the deed.

Q: Does a South Dakota transfer on death deed give the beneficiary rights while I am alive?

No. During your life a South Dakota transfer on death deed does not affect any interest or right of yours or of a creditor, and it does not subject the property to a creditor of the beneficiary (S.D. Codified Laws 29A-6-414). The named beneficiary has no interest in the property until you die, so you can still sell, mortgage, or revoke the deed without the beneficiary consent.

A South Dakota transfer on death deed names a beneficiary to receive your real property without probate, and must be notarized and recorded with the register of deeds before you die. Attorney review available.

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Introduction

A transfer on death deed in South Dakota is a deed you sign and record while you are alive that names a beneficiary to receive your real property automatically when you die, without probate (S.D. Codified Laws 29A-6-401 to 29A-6-424, the South Dakota Real Property Transfer on Death Act). During your life the deed has no effect on your ownership: you keep full control and can sell, mortgage, or revoke it, and the beneficiary has no interest until you die (S.D. Codified Laws 29A-6-414). The capacity you need to make the deed is the same as the capacity to make a will (S.D. Codified Laws 29A-6-407). To be valid, the deed must contain the essential elements and formalities of a properly recordable deed, which means you sign it and have your signature acknowledged before a notary, and it must state that the transfer to the beneficiary occurs at your death (S.D. Codified Laws 29A-6-408). The deed is not effective unless it is recorded before your death in the office of the register of deeds in the county where the property is located (S.D. Codified Laws 29A-6-408). South Dakota does not require witnesses, and the deed is effective without notice, delivery, acceptance, or consideration (S.D. Codified Laws 29A-6-409). The deed is revocable even if it says otherwise, and it is revoked only by an instrument you acknowledge and record before your death, such as a later transfer on death deed or a revocation; because revocation works only through a recorded instrument during life, a will does not revoke it (S.D. Codified Laws 29A-6-405, 29A-6-410). At your death the beneficiary takes the property subject to all mortgages, liens, and other interests on it at that time (S.D. Codified Laws 29A-6-416). DocDraft builds your South Dakota transfer on death deed from your facts, with attorney review available before you sign.

Key Things to Know

1
In South Dakota a transfer on death deed is a deed you record while alive that names a beneficiary to receive your real property automatically at your death, without probate (S.D. Codified Laws 29A-6-401 and following).
2
During your life the deed has no effect on your ownership. You keep full control and can sell, mortgage, or revoke it, and the beneficiary has no interest in the property until you die (S.D. Codified Laws 29A-6-414).
3
To be valid the deed must have the essential elements and formalities of a properly recordable deed, so you sign it and have your signature acknowledged before a notary, and it must state the transfer occurs at your death (S.D. Codified Laws 29A-6-408). South Dakota does not require witnesses.
4
The deed is not effective unless it is recorded before your death in the office of the register of deeds in the county where the property is located (S.D. Codified Laws 29A-6-408). A deed recorded after you die does not work.
5
The capacity to make or revoke the deed is the same as the capacity to make a will, and the deed is effective without notice, delivery, acceptance, or consideration (S.D. Codified Laws 29A-6-407, 29A-6-409).
6
The deed is revocable even if it says otherwise, and it is revoked only by an instrument you acknowledge and record before your death, such as a later transfer on death deed or a revocation. Because revocation works only through a recorded instrument during life, a will does not revoke it (S.D. Codified Laws 29A-6-405, 29A-6-410).
7
At your death the beneficiary takes the property subject to all conveyances, encumbrances, mortgages, liens, and other interests on it at that time (S.D. Codified Laws 29A-6-416).

Key decisions before you file

Before you file a Transfer on Death Deed in South Dakota, a few decisions shape the document: which option to choose and what each one means. The Transfer on Death Deed guide walks through them.

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SOUTH DAKOTA TRANSFER ON DEATH DEED (South Dakota Real Property Transfer on Death Act, SDCL 29A-6-401 to 29A-6-424)

Recording requested by: [YOUR NAME] When recorded, mail this deed to: [NAME], [ADDRESS]

Important notice: This deed must be recorded in the office of the register of deeds in the county where the property is located BEFORE the death of the owner, or it is not effective (SDCL 29A-6-408).

Owner (transferor). The owner is [OWNER FULL NAME], residing at [OWNER ADDRESS], who owns the real property described below. The capacity to make this deed is the same as the capacity to make a will (SDCL 29A-6-407).
Property. The property is located in [COUNTY] County, South Dakota, and is legally described as: [FULL LEGAL DESCRIPTION FROM THE CURRENT DEED], commonly known as [STREET ADDRESS].
Beneficiary. I designate the following beneficiary to receive my interest in the described property at my death: [BENEFICIARY FULL NAME]. If I name more than one beneficiary, they take in equal shares unless I state otherwise here: [SHARES]. Alternate beneficiary, who takes if a named beneficiary does not survive me: [ALTERNATE BENEFICIARY FULL NAME], if named.
Transfer at death. The transfer to the beneficiary is to occur at my death. This deed is revocable even if it or another instrument contains a contrary provision. It does not transfer any interest until my death and has no effect on my ownership while I am alive; I may sell, mortgage, lease, or revoke it without the beneficiary's consent. This deed is effective without notice to, delivery to, or acceptance by the beneficiary, and without consideration (SDCL 29A-6-409).
Revocation. I may revoke this deed only by an instrument that I acknowledge after this deed and record before my death in the office of the register of deeds, such as a later transfer on death deed, an instrument of revocation, or a deed transferring the property (SDCL 29A-6-410). A will does not revoke it.
Warning. At my death the beneficiary takes the property subject to all conveyances, encumbrances, mortgages, liens, contracts, and other interests on it at that time (SDCL 29A-6-416). This deed passes only the property described above and does not change my other assets or my will.
What the beneficiary must do at my death. To claim the property, the beneficiary should record proof of my death, including a certified copy of the death certificate, with the register of deeds. Until the beneficiary records that proof, the public records will continue to show me as the owner.

Signature. I sign this deed on [DATE].

[OWNER FULL NAME], Transferor

Notary acknowledgment. [South Dakota notary acknowledgment block; the transferor's signature must be acknowledged before a notary. South Dakota does not require witnesses.]

Note: This South Dakota deed must have the formalities of a recordable deed and be recorded with the register of deeds before the owner's death (SDCL 29A-6-408). For the generic template and other states, see the Transfer on Death Deed hub.

Once your Transfer on Death Deed is ready, you can check whether it needs to be notarized in South Dakota in about a minute, and notarize it online through DocDraft if it does.

South Dakota Requirements for Transfer on Death Deed

Meet the Recordable Deed Requirements
South Dakota requires the deed to contain the essential elements and formalities of a properly recordable deed and to state that the transfer to the beneficiary occurs at the owner death (S.D. Codified Laws 29A-6-408).
Legal Description of the Property
The full legal description of the property from the current recorded deed, plus the street address and county. A street address alone is not enough to record the deed with the register of deeds.
Name the Beneficiary and an Alternate
The full legal name of the beneficiary who will receive the property at the owner death, and an alternate beneficiary if the first does not survive the owner. Naming a backup keeps the property out of probate if the first beneficiary dies first.
Notarize the Signature
The owner must sign the deed and have the signature acknowledged before a notary, because a South Dakota transfer on death deed must have the formalities of a recordable deed. South Dakota does not require witnesses.
Record Before the Owner Dies
The deed is not effective unless it is recorded in the office of the register of deeds in the county where the property is located before the death of the owner (S.D. Codified Laws 29A-6-408). Record it promptly after signing.
Know the Capacity Standard
The capacity required to make or revoke the deed is the same as the capacity required to make a will (S.D. Codified Laws 29A-6-407). The deed is effective without notice, delivery, acceptance, or consideration.
Revoke Only by Recorded Instrument
The deed is revocable even if it says otherwise, but only by an instrument the owner acknowledges and records before death, such as a later transfer on death deed or a revocation (S.D. Codified Laws 29A-6-405, 29A-6-410). A will does not revoke it.
Property Passes Subject to Debts
At the owner death the beneficiary takes the property subject to all conveyances, encumbrances, mortgages, liens, and other interests on it at that time (S.D. Codified Laws 29A-6-416). The deed does not erase debts secured by the property.

Does your Transfer on Death Deed need to be notarized in South Dakota?

Whether a Transfer on Death Deed needs to be notarized depends on your state. Upload yours, pick your state, and get the current rule with the official source behind it, free and with no account. If yours does need a notary, online notarization is part of your DocDraft plan.

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Frequently Asked Questions

What is a transfer on death deed in South Dakota?

What is the difference between a transfer on death deed and a will in South Dakota?

How do I make a South Dakota transfer on death deed valid?

When must a South Dakota transfer on death deed be recorded?

Can I revoke a South Dakota transfer on death deed?

What capacity do I need to sign a South Dakota transfer on death deed?

Does a South Dakota transfer on death deed avoid all debts on the property?

Does a South Dakota transfer on death deed give the beneficiary rights while I am alive?

Find out where you stand in South Dakota

Introduction

Key Things to Know

Key decisions before you file

Customize your Transfer on Death Deed Template with DocDraft

South Dakota Requirements for Transfer on Death Deed

Meet the Recordable Deed Requirements

Legal Description of the Property

Name the Beneficiary and an Alternate

Notarize the Signature

Record Before the Owner Dies

Know the Capacity Standard

Revoke Only by Recorded Instrument

Property Passes Subject to Debts

Does your Transfer on Death Deed need to be notarized in South Dakota?

Frequently Asked Questions