Marshall County Affidavit of Deceased Joint Tenant Form

Additional South Dakota and Marshall County documents included at no extra charge:

Where to Record Your Documents

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Cities and Jurisdictions in Marshall County

Properties in any of these areas use Marshall County forms:

• Amherst
• Britton
• Eden
• Lake City
• Langford
• Veblen

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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: Your property must be located in Marshall County to use these forms. Documents should be recorded at the county recording office listed above.

This Affidavit of Deceased Joint Tenant meets all recording requirements specific to Marshall County.

Our Promise

The documents you receive here are guaranteed to meet or exceed the applicable Marshall County recording format requirements. If there is a rejection caused by our formatting, we will correct the issue or refund your payment. This guarantee applies to document formatting only and does not extend to information entered by the user, the selection of the form, or the legal effect of the completed document.

Save Time and Money

Get your Marshall County Affidavit of Deceased Joint Tenant form done right the first time with Deeds.com Uniform Conveyancing Blanks. At Deeds.com, we understand that your time and money are valuable resources, and we don't want you to face a penalty fee or rejection imposed by a county recorder for submitting nonstandard documents. We constantly review and update our forms to meet rapidly changing state and county recording requirements for roughly 3,500 counties and local jurisdictions.

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