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 October 13, 2020

4.8 out of 5 (1971 Reviews)

What others like you are saying:


Harry C. said: I got the wrong state and now they want to charge me again for the proper state. My fault, BUT!!!!

Reply from Staff: Sorry to hear that Harry. We've gone ahead and canceled the order you made in error. Have a wonderful day.


alena t. said: It was quick and easy to print and download the forms I needed.

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


Sherilynne P. said: I am delighted with the form. I just had to go through so much time and expense in order to use it. First, from your site I downloaded Adobe Acrobat. It totally compromised my computer. I had to get a computer expert to walk me through deleting adobe, and put a substitute on in order to use the form. That was an expense of $60.00. Then after that I still had a hard time getting the program to work, as the substitute program would not accept my e-mail address and I finally had to get someone on line to help me access that. I found it was a $$30.00 charge for the substitute. After fighting these lovely roadblocks, I was finally able to fill in the only form I needed and print it off. Took me two days to accomplish that. Why on earth do you offer adobe when it can compromise a computer so badly? Dealing with my husbands death and then having to deal with this, just one of many deterrents, well let's put it this way, it did not make my two days.

Reply from Staff: Thank you for your feedback. Sorry to hear of your experience. Our documents are Adobe PDFs because PDF is the standard for digital documents, most computers have Adobe Reader installed, and it (Adobe Reader) is free.


Beverly H. said: Thanks!!

Reply from Staff: Thank you!


Barbara B. said: A great help! Thank you.

Reply from Staff: Thank you!


Daniel F. said: It was convenient to be able to download the deed template, instructions, and a completed sample deed all from deeds.com. I was able to complete my deed with little effort. My only complaint is that the editable fields in the pdf document are of fixed size, leaving some large spaces within a sentence, for example: Executed on this 1st day of July ,2020. This makes the printed document look a little peculiar.

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


South Dakota Transfer on Death Affidavit Form