South Dakota Affidavit of Deceased Joint Tenant

South Dakota Affidavit of Deceased Joint Tenant Information

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 Wednesday February 1, 2023

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BARBARA L. said: Fairly easy to use. I had to really search to get some info. I had to use the Exhibit feature because the description box was way too small and I ended up re-typing it. The package had good and useful links. The County Clerk looked at it and said, "I see you used an online form, and that's OK, but..." and proceeded to show me a couple of things that were left out. They recorded it with no problems.

Reply from Staff: Thank you!

Aron H. said: Impressed with how quick the process was to e-record our documents. Will recommend this service to anyone needing to record a document.

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Jo Anne M. said: good I think

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Michael L. said: I accidentally ordered the wrong deed package. Was looking for a quit claim deed and got a trustee deed. I immediately emailed the company, nothing back from them. I would like to exchange my purchase.

Reply from Staff: Thank you for your feedback. We replied to your message on December 20th at 2:05 pm, the reply was as follows: As a one time courtesy we have canceled your order/payment for the Trustee Deed document.

James M. said: Clear and easy instructions! Prompt notices of steps and status. Great job! I wish all counties in all states were this easy!

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Alan S. said: Very easy. Worked well. Will be glad to use the service again.

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