Faulk County Personal Representative Deed of Sale Forms (South Dakota)

Form Package

Personal Representative Deed of Sale

State

South Dakota

Area

Faulk County

Price

$27.97

Delivery

Immediate Download

Payment Information

Email:

Please provide a valid email.

First Name

Please provide a valid first name.

Last Name

Please provide a valid last name.

Credit Card Type Select Card Type Visa Mastercard American Express Discover

Credit Card Number

Please provide a valid card number.

Expiration Month Select Month 01 - January 02 - February 03 - March 04 - April 05 - May 06 - June 07 - July 08 - August 09 - September 10 - October 11 - November 12 - December

Expiration Year Select Year202420252026202720282029203020312032203320342035203620372038203920402041204220432044

Card Security Code

Please provide a valid security code.

Billing Zip Code

Please provide a valid billing zip code.

Phone Number:

I agree to the Terms of Use and I understand I am purchasing blank real estate deed forms and not a copy of my existing deed.

You must agree before submitting.

Place Order - Download

More info on getting a copy of your existing deed and eRecording.

Included Forms

All Faulk County specific forms and documents listed below are included in your immediate download package:

Included Supplemental Documents

The following South Dakota and Faulk County supplemental forms are included as a courtesy with your order.

Frequently Asked Questions:

Areas Covered by These Personal Representative Deed of Sale Forms:

• Faulk County

Including:

• Cresbard
• Faulkton
• Onaka
• Rockham
• Seneca

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 Faulk 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 Faulk 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.

Reviews

4.8 out of 5 (4320 Reviews)