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

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Common Uses for Affidavit of Deceased Joint Tenant

Establish legal standing to manage a decedent's real property
Confirm the passing of a trustor or grantor for title purposes
Record evidence of a property owner's passing with the county
Document the death of a property owner for public record
Provide proof needed to refinance after a joint owner's death

Compare other South Dakota deed forms and documents

Quitclaim Deed Gift Deed Warranty Deed Special Warranty Deed Grant Deed Correction Deed Easement Deed Termination of Easement Notice of Lis Pendens Certificate of Discharge of Notice of Lis Pendens Mortgage Security Agreement and Promissory Note Satisfaction of Mortgage Assignment of Mortgage Contract for Deed Memorandum of Contract for Deed Full Release of Memorandum of Contract for Deed Mineral Deed Mineral Quitclaim Deed Transfer on Death Deed Transfer on Death Revocation Transfer on Death Affidavit Personal Representative Deed of Distribution Personal Representative Deed of Sale Trustee Deed Certificate of Trust Disclaimer of Interest

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.

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