Hamlin County Certificate of Trust Form (South Dakota)
All Hamlin County specific forms and documents listed below are included in your immediate download package:
Certificate of Trust Form
Fill in the blank form formatted to comply with all recording and content requirements.
Included Hamlin County compliant document last validated/updated 7/10/2025
Certificate of Trust Guide
Line by line guide explaining every blank on the form.
Included Hamlin County compliant document last validated/updated 6/19/2025
Completed Example of the Certificate of Trust Document
Example of a properly completed form for reference.
Included Hamlin County compliant document last validated/updated 5/23/2025
The following South Dakota and Hamlin County supplemental forms are included as a courtesy with your order:
When using these Certificate of Trust forms, the subject real estate must be physically located in Hamlin County. The executed documents should then be recorded in the following office:
Hamlin County Register of Deeds
300 Fourth St / PO Box 56, Hayti, South Dakota 57241-0056
Hours: 8:00am to 4:30pm.M-F
Phone: (605) 783-3206
Local jurisdictions located in Hamlin County include:
- Bryant
- Castlewood
- Estelline
- Hayti
- Hazel
- Lake Norden
How long does it take to get my forms?
Forms are available immediately after submitting payment.
How do I get my forms, are they emailed?
Immediately after you submit payment, the Hamlin County forms you order will be available for download directly from your account. You can then download the forms to your computer. If you do not already have an account, one will be created for you as part of the order process, and your login details will be provided to you. If you encounter any issues accessing your forms, please reach out to our support team for assistance. Forms are NOT emailed to you.
What does "validated/updated" mean?
This indicates the most recent date when at least one of the following occurred:
- Updated: The document was updated or changed to remain compliant.
- Validated: The document was examined by an attorney or staff, or it was successfully recorded in Hamlin County using our eRecording service.
Are these forms guaranteed to be recordable in Hamlin County?
Yes. Our form blanks are guaranteed to meet or exceed all formatting requirements set forth by Hamlin County including margin requirements, content requirements, font and font size requirements.
Can the Certificate of Trust forms be re-used?
Yes. You can re-use the forms for your personal use. For example, if you have more than one property in Hamlin County that you need to transfer you would only need to order our forms once for all of your properties in Hamlin County.
What are supplemental forms?
Often when a deed is recorded, additional documents are required by South Dakota or Hamlin County. These could be tax related, informational, or even as simple as a coversheet. Supplemental forms are provided for free with your order where available.
What type of files are the forms?
All of our Hamlin County Certificate of Trust forms are PDFs. You will need to have or get Adobe Reader to use our forms. Adobe Reader is free software that most computers already have installed.
Do I need any special software to use these forms?
You will need to have Adobe Reader installed on your computer to use our forms. Adobe Reader is free software that most computers already have installed.
Do I have to enter all of my property information online?
No. The blank forms are downloaded to your computer and you fill them out there, at your convenience.
Can I save the completed form, email it to someone?
Yes, you can save your deed form at any point with your information in it. The forms can also be emailed, blank or complete, as attachments.
Are there any recurring fees involved?
No. Nothing to cancel, no memberships, no recurring fees.
Codified at SDCL 55-4-51.3 as part of the Uniform Trusts Act, the certificate of trust "in support of a real property transaction" is recorded in the South Dakota county where the subject property is located and "serves to document the existence of the trust...and other matters...as though the full trust instrument had been recorded" (SDCL 55-4-51.3, 55-4-51.1).
In a trust relationship, a settlor transfers property to another person (trustee), who holds it for the benefit of a third (beneficiary). In the course of their fiduciary duties, trustees may present a certificate to parties who are not beneficiaries of the trust in lieu of providing the entire trust instrument. The trust instrument, executed by the settlor, establishes the trust and sets forth directions for its administration, including designating the trustee, the trustee's powers, and identifying a trust beneficiary. The certificate of trust allows the settlor's estate plan to remain off-record by providing only the information about the trust relevant to the transaction at hand.
The document names the trust, its settlor, and each trustee empowered to act for the trust. Aside from certifying the existence of the trust and confirming it has not been revoked or modified in a way that would invalidate the statements contained within, the certificate also confirms the trustee's role and authority to act on behalf of the trust by identifying powers relevant to the transaction, how many trustees are required to carry out those powers (if there are multiple trustees) and any restrictions imposed by a court on those powers (if applicable).
When used in transactions involving real property, the certificate requires a legal description of the subject property. The document must be recorded in the South Dakota county where the subject property is located and in compliance with the recording requirements established at SDCL 43-28-23.
Pursuant to SDCL 55-4-51, the document should be signed by a trustee or settlor (grantor or trustor, as the case may be) in the presence of the notary public witnessing the sworn statements made in the certificate. Recipients may request parts of the trust instrument establishing the trustee and the relevant powers (55-4-52). Persons entering transactions may rely on the statements within the certificate without further inquiry (55-4-53).
Consult a lawyer with questions about South Dakota trusts and certificates of trust, as each situation is unique.
(South Dakota COT Package includes form, guidelines, and completed example)
Our Promise
The documents you receive here will meet, or exceed, the Hamlin County recording requirements for formatting. If there's an issue caused by our formatting, we'll make it right and refund your payment.
Save Time and Money
Get your Hamlin County Certificate of Trust 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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January 26th, 2022
From Pennsylvania here. Documents are great and easy to fill out however you are lacking a couple of things. You only provide the option for a Grant Deed when you purchase by your county which is Mercer County for me. Why not give the ability to get a Warranty Deed that better protects the Grantee? Also, being from Pennsylvania and in a county that mined Buituminous Coal we are required to include the Coal Severance Notice and Bituminous Mine Subsidence and Land Conservation Act Notice. You can check the box on your Deed form that they are required and attached but you do not provide the verbiage or form for this. You state that you know what each county requires and include everything required but you do not include these two required Notices. This has been a requirement for years and the wording never changes. I had to look for these Notices and hand type this information and include it on another seperate page after the Notary section on the Deed. The Grantor has to sign the Coal Severance Notice and be witnessed by a Notary so I had to add another place for the Notary and will have to pay twice for witnessed signatures when it could have been included in your document. My Deed from 2003 was done that way and then the Notary statement after that so it was only one notarized witness of signature.
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