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)

These are different form types, not alternate versions of the current form.

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.

Certificate of Trust

Certify the existence of a trust and the trustee authority to act, in place of recording the full trust. Includes certification of trust and trustee certificate formats.

Personal Representative Deed 2 options

Transfer estate property through a court-appointed personal representative.

Trustees Deed

Transfer property from a trust through a trustee.

Affidavit of Surviving Joint Tenant

Document a deceased joint tenant so title vests in the surviving owner. Known in some states as an affidavit of deceased joint tenant or affidavit of death of joint tenant.

Important: County-Specific Forms

Our disclaimer of interest forms are specifically formatted for each of the 66 counties 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.

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