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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. South Dakota Affidavit of Deceased Joint Tenant Forms Have Been Updated as Recently as Thursday May 16, 2019

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What others like you are saying:

Patricia C. said: Only source I could find. Wasn't sure if I needed same certificate from each state and site had me checkout separately for each. Good way to keep you customer paying up. Just hope what I received is acceptable.

Reply from Staff: Thank you!

David P. said: You make the recording/registration process easy to follow - the value to price ratio is awesome!

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

Rocio S. said: Great Help - very satisfied with the service - would recomend 100%

Reply from Staff: Thank you for the kind words Rocio. Have a wonderful day!

Daniel S. said: It was easy to find the forms I was looking for and the guided steps and examples of how to use the form were beneficial.

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Christine R. said: Ordering and directions were easy. The only thing missing in the instructions was how to record by mail. Thanks!

Reply from Staff: Thank you Christine. We'll work on making it more clear that one can find mailing information in our recording section. Have a great day!

Michael M. said: Easy to follow directions and instructions to properly and legally fill-in the Deed that I requested. It was also very easy and convenient. If I was going to employ an Attorney or Legal Documents Preparer, they would easily charge me between $150 to $225 a Deed! For the cost of $19.97, anyone would pursue this price! Thank you, for a wonderful and terrific experience! I'm going to need you again to change Titles for my other Investment Properties.

Reply from Staff: Thank you for your feedback. We really appreciate it. Have a great day!

South Dakota Affidavit of Deceased Joint Tenant Form