Brown County Personal Representative Deed of Sale Forms (South Dakota)
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Form Package
Personal Representative Deed of Sale
State
South Dakota
Area
Brown County
Price
$27.97
Delivery
Immediate Download
Payment Information
Included Forms
All Brown County specific forms and documents listed below are included in your immediate download package:
Personal Representative Deed of Sale Form
Fill in the blank form formatted to comply with all recording and content requirements.
Included document last reviewed/updated 2/20/2024
Personal Representative Deed of Sale Guide
Line by line guide explaining every blank on the form.
Included document last reviewed/updated 4/11/2024
Completed Example of the Personal Representative Deed of Sale Document
Example of a properly completed form for reference.
Included document last reviewed/updated 3/7/2024
Included Supplemental Documents
The following South Dakota and Brown County supplemental forms are included as a courtesy with your order.
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 South Dakota or Brown County. 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?
Forms are NOT emailed to you. Immediately after you submit payment, the Brown County forms you order will be available for download directly from your account. You can then download the forms to your computer. If you do not already have an account, one will be created for you as part of the order process, and your login details will be sent to you. If you encounter any issues accessing your forms, please reach out to our support team for assistance.
What type of files are the forms?
All of our Brown County Personal Representative Deed of Sale 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 Personal Representative Deed of Sale 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 Brown County that you need to transfer you would only need to order our forms once for all of your properties in Brown County.
Are these forms guaranteed to be recordable in Brown County?
Yes. Our form blanks are guaranteed to meet or exceed all formatting requirements set forth by Brown 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 Sale Forms:
- Brown County
Including:
- Aberdeen
- Barnard
- Bath
- Claremont
- Columbia
- Ferney
- Frederick
- Groton
- Hecla
- Houghton
- Mansfield
- Stratford
- Warner
- Westport
What is the 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.
(South Dakota PRDOS Package includes form, guidelines, and completed example)
Our Promise
The documents you receive here will meet, or exceed, the Brown County recording requirements for formatting. If there's an issue caused by our formatting, we'll make it right and refund your payment.
Save Time and Money
Get your Brown County Personal Representative Deed of Sale 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 and local jurisdictions.
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