Deeds.com Real Estate Deeds
Deeds.com Account
Sign In

South Dakota Personal Representative Deed of Distribution

South Dakota Personal Representative Deed of Distribution Information

In South Dakota, title to a decedent's real property devolves upon death to the decedent's devisees (for testate estates) and heirs (for intestate estates) (SDCL 29A-3-101). Though the title transfers by operation of law, the estate is still subject to administration in probate. Probate is the legal process of settling the decedent's estate and distributing assets to those entitled to receive them.

In probate proceedings, governed by Title 29A of the South Dakota Codified Laws, a personal representative (PR) is appointed to the estate by the probate court to act as the estate's fiduciary. After paying valid claims on the estate, applicable taxes, and expenses of administration, the PR is responsible for making distributions of property. Any part of the estate not disposed of by will is transferred by South Dakota's laws of intestate succession, located at SDCL 29A-2.

The PR executes a deed of distribution "as evidence of the distributee's title" (29A-3-907). A recorded deed of distribution is "conclusive evidence that the distributee has succeeded to the interest of the decedent...as against all persons interested in the estate," though the PR may recover the assets in case of improper distribution (SDCL 29A-3-908, Title Standard 15-06). Since title devolves by process of law, a deed of distribution simply evidences that the distributee is the rightful owner, and maintains an accurate chain of title.

The document recites information concerning the probated estate, including the decedent's name, date of death, county of probate, and the case number assigned to the estate by the court. In addition, the deed names the duly qualified and acting personal representative. The deed should identify the classification of the named distributees (either devisees under a will or heirs in an intestate estate), and name each distributee and the percent of the decedent's interest in the subject property he or she is inheriting, along with each distributee's address.

As with any conveyance of an interest in real property, a full legal description of the subject parcel is required. Any restrictions of title should be noted on the face of the deed. Distributions from an estate are exempt from transfer fees pursuant to SDCL 43-4-22(10). Finally the form must meet all state and local standards for recorded documents.

The PR must sign the deed in the presence of a notary public before recording in the Register of Deeds office in the county where the property is situated.

Consult an attorney with questions regarding deeds of distribution, or for any other issues related to probate in South Dakota, as each situation is unique.

Deeds.com South Dakota Personal Representative Deed of Distribution Forms Have Been Updated as Recently as Friday August 5, 2022

4.8 out of 5 (3646 Reviews)

What others like you are saying:


Roger V. said: Very easy to use.

Reply from Staff: Thank you Roger, we appreciate your feedback.


Nick A. said: Easy to use website. Found what I was looking for.

Reply from Staff: Thank you for your feedback. We really appreciate it. Have a great day!


Dean P. said: Very fast, efficient, and convenient - thanks Deeds.com! I would recommend this service to everyone needing to record documents, especially out-of-state customers such as myself.

Reply from Staff: Thank you for your feedback. We really appreciate it. Have a great day!


Jacquelyn W. said: Great site with great info. Almost made the job seamless but form would not adjust to my longer than usual legal description -- I ended up having to recreate the form in word processing software (Libre). But could not have done it without the guidelines.

Reply from Staff: Thank you!


Gary Steve N. said: Very user-friendly and easy to understand directions.

Reply from Staff: Thank you for your feedback. We really appreciate it. Have a great day!


Ron S. said: Fair price and beneficiary deed was recorded without issue. Completion instructions provided were insufficient in some cases.

Reply from Staff: Thank you!


Deeds.com Real Estate Deeds

Use of Deeds.com Legal Forms. On our Site we make available for use self-help "fill in the blank" forms. If you use a form on our Site, you explicitly agree to our Terms of Use. You understand and agree that your purchase and/or use of a form document is neither legal advice nor the practice of law, and that each form and any applicable instructions or guidance is not customized to your particular needs, not guaranteed or warranted to be current, up to date, or accurate.

NO WARRANTY. Do It Yourself Legal Forms available on our Website are not guaranteed to be usable, correct, up to date, or fit for any legal purpose. Use of any Do It Yourself Legal Form from our website is done so AT YOUR OWN RISK.

If you use any Do It Yourself Legal Form available on Deeds.com, you agree that: TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WE BE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR ANY SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES) ARISING OUT OF OR IN CONNECTION WITH THE LEGAL FORMS OR FOR ANY INFORMATION OR SERVICES PROVIDED TO YOU THROUGH THE DEEDS.COM WEBSITE. TO THE EXTENT THE FOREGOING LIMITATION OF LIABILITY IS PROHIBITED, OUR SOLE OBLIGATION TO YOU FOR DAMAGES WILL BE LIMITED TO $100.00.

Nothing on this website should be considered a substitute for the advice of an attorney.

© DEEDS.COM INC. 1997 - 2022 ALL RIGHTS RESERVED | (330) 606-0119 | P.O. Box 5264, Fairlawn, OH 44334