South Dakota - Walworth County Certificate of Trust Form

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

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

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 Walworth County ?
  • Yes. Our form blanks are guaranteed to meet or exceed all formatting requirements set forth by Walworth 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:

• Walworth County

Including:

• Akaska
• Glenham
• Java
• Mobridge
• Selby

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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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