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South Dakota Personal Representative Deed of Sale

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 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 is appointed to the estate by the probate court to act as the estate's fiduciary.

Once authorized by the probate court, a personal representative (PR) of an estate "has the same power over the title to property of the estate that an absolute owner would have, in trust however, for the benefit of the creditors and others interested in the estate," which "may be exercised without notice, hearing, or order of court." (29A-3-711).

During estate administration, the PR may be required to sell realty to make payment of claims on the estate, to cover expenses of administration, or to liquidate the estate to facilitate easier distribution. SDCL 29A-3-715 entitles the PR to sell real property and execute deeds of conveyance.

To transfer title following a sale, the PR executes a personal representative's deed. When recorded, the deed transfers an estate in fee simple to the grantee with covenants that, at the time of conveyance, the estate is free from encumbrances done, made, or suffered by the grantor, or any person claiming under him, and that, prior to executing the conveyance, the grantor has not conveyed the estate to any other person (43-25-10).

In a personal representative's deed, the PR is named as the granting party. To properly transfer title, the deed must contain the grantee's name, marital status, address, and vesting information. PR deeds also recite information concerning the probated estate, including the decedent's name, the county of probate, and the case number assigned to the estate by the court.

As with any conveyance of an interest in real property, the deed recites the consideration the grantee is making for the transfer; the full legal description of the subject parcel; and the derivation of title. Any restrictions should be noted on the face of the deed, along with any exemption claimed to the transfer fee imposed by SDCL 43-4-21. 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 of the relevant county.

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

Deeds.com South Dakota Personal Representative Deed of Sale Forms Have Been Updated as Recently as Wednesday August 14, 2019

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What others like you are saying:


Robert S. said: Were unable to help me because of the recorders office but credited my account promptly

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Keith L. said: Great to have a downloadable form, rather than a cloud solution that gives no guarantee of privacy. Appreciated the sample.......but all of that still left me with open issues about how to tweak the form to serve my particular needs......for example: how to ensure that survivor rights were properly characterized; how far back I should go with the "Source" section + how I should layer my own additions to the chain of ownership, etc. Nonetheless, an overall happy experience. Thank you for your help

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Judith L. said: I bought a package for doing a mineral deed in Sheridan County, Montana. I will now try to use it and we'll see, I guess, how easy it may or may not be, etc. Check back later perhaps for more details~

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Carole L. said: Perfectly easy, perfectly complete! I had no problems with downloading these forms. I have been a paralegal for 20 years and came up on a situation where I was not familiar with the forms. Deeds.com saved my life and allowed me to get the documents done and done right. I will keep deeds.com on my list of favorites!

Reply from Staff: Thank you Carole. Glad we could help. We appreciate you taking the time to leave your review.


Robert S. said: The cost was well worth it. It was very easy to download, fill in the necessary information and then print the deed. I filed my need deed today and everything was complete and accurate because of the example you provided.

Reply from Staff: Thanks Robert, we appreciate your feedback!


Tom D. said: I have one suggestion and couple of question I would think that most TOD's would be from married couples. It would be real helpful to have a example of the I(we) block for married couples. Why would I check or not check the "property is registered (torrents)" Do I need a notarized signature of the Grantee

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


South Dakota Personal Representative Deed of Sale Form