Under the South Dakota Codified Laws, the beneficiary of an interest in property may disclaim the gift, either in part or in full (SDCL 29A-2-801). Note that the option to disclaim is only available to beneficiaries who have not acted in any way to indicate acceptance or ownership of the interest (29A-2-801).

The disclaimer must be in writing and be filed within nine months of the transfer (e.g., the death of the creator of the interest) with the clerk of the court in which the estate is or was pending (29A-2-801 (b)). If real property is involved, record a copy of the document in the office of the Register of Deeds of the county in which the property is located in order to avoid any ambiguity regarding the chain of title.

A disclaimer is irrevocable and binding for the disclaimant and his or her creditors, so be sure to consult an attorney when in doubt about the drawbacks and benefits. If the interest arises out of jointly-owned property, seek legal advice as well.

(South Dakota DOI 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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Compare with related South Dakota forms

Transfer on Death Deed 4 options

Name a beneficiary to receive property after the owner's death.

Transfer on Death Revocation 2 options

Revoke a previously recorded transfer on death deed, canceling the beneficiary designation.

Affidavit of Confirmation and Survivorship

An affidavit executed by a surviving beneficiary under a transfer-on-death deed to confirm the transferor’s death, the beneficiary’s survivorship, and the transfer of the real property for recording purposes.

Important: County-Specific Forms

Our disclaimer of interest 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.

Back to South Dakota Forms