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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 Thursday March 7, 2019

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What others like you are saying:


Patrick S. said: Excellent!

Reply from Staff: Thank you!


Carlin L. said: I have yet to have my Certification of Trust notarized nor have I gone to my bank to see if it's acceptable I hope it will be it was rather easy to do thank you so much.

Reply from Staff: Thank you for your feedback Carlin.


patricia l. said: found this site very easy to use

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


Mary P. said: Excellent easy to follow instructions.

Reply from Staff: Great to hear Mary, Have a wonderful day!


Susan C. said: easy to use to get copy of documents. given your website by recorder in the country offices.

Reply from Staff: Thank you Susan, we appreciate your feedback.


Thomas W. said: easy to use, no problems except in beneficiary box. Need to make the box bigger because I have 4 beneficiaries to list. how do I enlarge the box.

Reply from Staff: Thanks for reaching out. All available space on the document is being used. As is noted in the guide, if you have information that does not fit in the available space the included exhibit page should be used.


South Dakota Transfer on Death Affidavit Form