South Dakota - Hand County Certificate of Trust Form

All Hand County specific forms listed below are included in your immediate download:

Certificate of Trust Form - Hand County

Fill in the blank form formatted to comply with all recording and content requirements.
Included document last updated 12/3/2019

Certificate of Trust Guide - Hand County

Line by line guide explaining every blank on the form.
Included document last updated 11/8/2019

Completed Example of the Certificate of Trust Document - Hand County

Example of a properly completed form for reference.
Included document last updated 10/16/2019

*The Following South Dakota and Hand County supplemental forms are included as a courtesy with your order.

Certificate of Real Estate Transfer

This is a required form, due at the time of recording.

Transfer Tax Rates and Exemptions

Consult this list for exempt transfers.

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Frequently Asked Questions:

• How long does it take to get my forms?
  • Forms are available immediately after submitting payment.
• What are supplemental forms?
  • Often when a deed is recorded additional documents are required by the state or local jurisdiction. These could be tax related, informational, or even as simple as a coversheet. Supplemental forms are provided for free with your order where available.
• How do I get my forms, are they emailed?
  • After you submit payment you will see a page listing the forms you ordered with a download link to the pdf form file. You download the forms to your computer. You will also receive an email with a link to your download page in case you need it later.
• What type of files are the forms?
  • All of our 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.
• Can the 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 a given county that you need to transfer you would only need to order our forms once for all of your properties in that county.
• Are these forms guaranteed to be recordable in Hand County ?
  • Yes. Our form blanks are guaranteed to meet or exceed all formatting requirements set forth by Hand County including margin requirements, content requirements, font and font size requirements.
• 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.
• 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.
• Are there any recurring fees involved?
  • No. Nothing to cancel, no memberships, no recurring fees.

Areas covered by these Certificate of Trust Forms:

• Hand County

Including:

• Miller
• Orient
• Ree Heights
• Saint Lawrence

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What is the South Dakota Certificate of Trust?

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.

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Save Time and Money

Get your Hand 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.

Our Promise

The documents you receive here will meet, or exceed, the Hand County recording requirements for formatting. If there's an issue caused by our formatting, we'll make it right and refund your payment.

Customer Reviews:

4.7 out of 5 (1022 Reviews)

December 7th, 2019

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