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South Dakota - Clay County Personal Representative Deed of Distribution Form

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


Clay County Personal Representative Deed of Distribution Form Page 1

Personal Representative Deed of Distribution Form - Clay County

Fill in the blank form formatted to comply with all recording and content requirements.
Included document last updated 4/3/2020


Clay County Personal Representative Deed of Distribution Guide Page 1

Personal Representative Deed of Distribution Guide - Clay County

Line by line guide explaining every blank on the form.
Included document last updated 4/16/2020


Clay County Completed Example of the Personal Representative Deed of Distribution Document Page 1

Completed Example of the Personal Representative Deed of Distribution Document - Clay County

Example of a properly completed form for reference.
Included document last updated 4/21/2020


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


Certificate of Real Estate Transfer

Certificate of Real Estate Transfer

This is a required form, due at the time of recording.


Transfer Tax Rates and Exemptions

Transfer Tax Rates and Exemptions

Consult this list for exempt transfers.


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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 Clay County ?
    • Yes. Our form blanks are guaranteed to meet or exceed all formatting requirements set forth by Clay 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 Personal Representative Deed of Distribution Forms:

  • Clay County

Including:

  • Burbank
  • Irene
  • Vermillion
  • Wakonda

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What is the South Dakota Personal Representative Deed of Distribution?

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.

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Save Time and Money

Get your Clay County Personal Representative Deed of Distribution form done right the first time with Deeds.com Uniform Conveyancing Blanks. At Deeds.com, we understand that your time and money are valuable resources, and we don't want you to face a penalty fee or rejection imposed by a county recorder for submitting nonstandard documents. We constantly review and update our forms to meet rapidly changing state and county recording requirements for roughly 3,500 counties.

Our Promise

The documents you receive here will meet, or exceed, the Clay County recording requirements for formatting. If there's an issue caused by our formatting, we'll make it right and refund your payment.

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