South Dakota Affidavit of Deceased Joint Tenant
County Specific Legal Forms Validated as recently as September 2, 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
- 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
"good place to get documents and it seems like a sound place to get forms. Self explainitory and help…"
"Was very simple to use and the email communication was very efficient. Appreciated getting my docume…"
"Thank you for an easy to use system. I was able to find all the information I needed."
"I was able to get the form I needed but it would not adjust properly on the page."
"I just submitted a beneficiary deed and it was accepted immediate and then recorded the next day! I …"
4.8/5 from 4,798 reviews. Read all
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)
Important: County-Specific Forms
Our affidavit of deceased joint tenant forms are specifically formatted for each of the 66 counties 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.