My Account Deeds.com Real Estate Deeds

South Dakota Transfer on Death Affidavit

Completing a Transfer on Death Using South Dakota's Affidavit of Confirmation

The South Dakota Real Property Transfer on Death Act can be reviewed in its entirety at SDCL 29A-6-401 et seq. By applying this law, owners of real estate located in South Dakota may designate one or more beneficiaries to gain title to their land after the transferor's death, without a will or the need for probate distribution. A lawfully executed and recorded transfer on death deed (TODD) allows owners to retain absolute possession of and control over their property. The TODDs are revocable, so the owners may also modify or even cancel the potential future interest without penalty.

The act contains the specific requirements for conveying ownership after the owner's death (29A-6-427). According to this section, the beneficiary must complete an affidavit of confirmation and submit it for recording to the register of deeds in the county where the property is located. The affidavit of confirmation must be verified before a person authorized to administer oaths and must be accompanied by a certified copy of the death certificate for the deceased owner and for each designated beneficiary who died while the owner was still alive.

A valid affidavit of confirmation provides the name and address of each transfer on death beneficiary who survives the deceased owner. If the named beneficiary is deceased, include the name and address of the contingent beneficiary or person who takes under the anti-lapse statutes. It must also contain the date of the owner's death, the legal description of the property, names and addresses of all primary beneficiaries identified on the original TODD.

Because each situation is unique, please contact an attorney with specific questions or for complex circumstances.

Deeds.com South Dakota Transfer on Death Affidavit Forms Have Been Updated as Recently as Tuesday August 4, 2020

4.8 out of 5 (1697 Reviews)

What others like you are saying:


Anita A. said: No review provided.

Reply from Staff: Thank you!


Rachel E. said: Our firm is working remotely and a lot of court services are limited with the corona-virus shutdowns, but we needed to record a Deed at the last minute. There was no other way we'd could get it done that quick without Deeds.com (staff) helped us work out some kinks and we got it recorded in less than 1 business day! Thank you!

Reply from Staff: Thank you for your feedback, we really appreciate it. Glad we could help.


Barbara M. said: Easy to do.

Reply from Staff: We appreciate your business and value your feedback. Thank you. Have a wonderful day!


Eileen S. said: It seems fast.

Reply from Staff: Thank you!


Aldona P. said: Awesome Job! thank you

Reply from Staff: We appreciate your business and value your feedback. Thank you. Have a wonderful day!


Maricarol F. said: Found the site very easy to use. My fault I did not answer back right away. What was found is almost what I needed... Thanks.

Reply from Staff: Thank you for the feedback Maricarol, we really appreciate it.


South Dakota Transfer on Death Affidavit Form