South Dakota Affidavit of Deceased Joint Tenant
County Specific Legal Forms Validated as recently as April 30, 2026 by our Forms Development Team
About the South Dakota Affidavit of Deceased Joint Tenant
How to Use This Form
- Select your county from the list on the left
- Download the county-specific form
- Fill in the required information
- Have the document notarized if required
- Record with your county recorder's office
What Others Like You Are Saying
"We had a one-time-only recording to make in the District of Columbia. We could not have e-filed the …"
"Well written form, and the guidance document and example supplied were very helpful."
"easy to use and efficient i like that they give you an example to compare your work to"
"County accepted Quit Claim Deed without any issues! Saved money using Deeds.com - thank you!!!!"
"Great source of all required legal documents and supplements."
Clearing the Title on South Dakota Real Estate after a Joint Tenant Dies
In South Dakota, land owned by two or more people can be held as a tenancy in common, a partnership, or a joint tenancy (SDCL 43-2-11).
Joint tenancy, as defined at 43-2-12, is a property interest "owned by several persons in equal shares, by a title created by a single will or transfer, when expressly declared in the will or transfer to be a joint tenancy, or when granted or devised to personal representatives or trustees as joint tenants." South Dakota's joint tenancy includes the right of survivorship, meaning that if one of the co-owners dies, that person's share is distributed equally among the remaining owners. This distribution is identified as a nonprobate transfer under 29A-2-205(ii).
Nonprobate transfers are not included in the deceased owner's estate; instead, they cause the property to descend to the survivors as a function of law. Still, it makes sense, especially with real estate titles, to formalize and update the changed status. One way to accomplish this is by executing and recording an affidavit stating the relevant facts, attach a certified copy of the decedent's death certificate, and file it with the register of deeds for the county where the property is located.
Each circumstance is unique. Contact an attorney with specific questions or for complex situations.
(South Dakota AODJT Package includes form, guidelines, and completed example)
How to Use This Form
- Select your county from the list above
- Download the county-specific form
- Fill in the required information
- Have the document notarized if required
- Record with your county recorder's office
What Others Like You Are Saying
"We had a one-time-only recording to make in the District of Columbia. We could not have e-filed the …"
"Well written form, and the guidance document and example supplied were very helpful."
"easy to use and efficient i like that they give you an example to compare your work to"
"County accepted Quit Claim Deed without any issues! Saved money using Deeds.com - thank you!!!!"
"Great source of all required legal documents and supplements."
Common Uses for Affidavit of Deceased Joint Tenant
- Document survivorship rights for jointly held property
- Provide evidence of heirship for a property transfer
- Facilitate the removal of a decedent's name from a deed
- Remove a deceased joint tenant from a property title
- Provide proof of death to a title company or lender
- Confirm the passing of a trustor or grantor for title purposes
- Provide documentation required by a title company to clear title
Compare other South Dakota deed forms and documents
Important: County-Specific Forms
Our affidavit of deceased joint tenant forms are specifically formatted for each county in South Dakota.
After selecting your county, you'll receive forms that meet all local recording requirements, ensuring your documents will be accepted without delays or rejection fees.