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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Common Uses for Disclaimer of Interest

Formally renounce rights received through a beneficiary deed
Disclaim an interest to allow property to pass to your children
Decline a partial interest in a property you do not want
Renounce a community property interest after a spouse's death

Compare other South Dakota deed forms and documents

Quitclaim Deed Gift Deed Warranty Deed Special Warranty Deed Grant Deed Correction Deed Easement Deed Termination of Easement Notice of Lis Pendens Certificate of Discharge of Notice of Lis Pendens Mortgage Security Agreement and Promissory Note Satisfaction of Mortgage Assignment of Mortgage Contract for Deed Memorandum of Contract for Deed Full Release of Memorandum of Contract for Deed Mineral Deed Mineral Quitclaim Deed Transfer on Death Deed Transfer on Death Revocation Transfer on Death Affidavit Affidavit of Deceased Joint Tenant Personal Representative Deed of Distribution Personal Representative Deed of Sale Trustee Deed Certificate of Trust

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.

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