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South Dakota Affidavit of Deceased Joint Tenant

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.

Deeds.com South Dakota Affidavit of Deceased Joint Tenant Forms Have Been Updated as Recently as Monday October 14, 2019

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What others like you are saying:


Thomas W. said: easy to use, no problems except in beneficiary box. Need to make the box bigger because I have 4 beneficiaries to list. how do I enlarge the box.

Reply from Staff: Thanks for reaching out. All available space on the document is being used. As is noted in the guide, if you have information that does not fit in the available space the included exhibit page should be used.


Kitty H. said: I have had it reviewed by a mortgage broker and a title manager and both said it was done correctly! Your product and the instructions are what made this possible. It took me several hours as I continued to review your information. I just finished printing and ready to file. Yeah! Thanks! Highly recommend the product!

Reply from Staff: We appreciate your business and value your feedback. Thank you. Have a wonderful day!


David W. said: Excellent and customer friendly as well...ty

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Mark E. said: Thank you for your Swift response. Have docs I was looking for!

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shaun s. said: Pretty quick and accurate, thank you

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Celeste G. said: Very helpful!!! Thanks again.

Reply from Staff: Thank you Celeste.


South Dakota Affidavit of Deceased Joint Tenant Form