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South Dakota - Mellette County Transfer on Death Affidavit Form

All Mellette County specific forms listed below are included in your immediate download:


Mellette County Transfer on Death Affidavit Form Page 1

Transfer on Death Affidavit Form - Mellette County

Fill in the blank form formatted to comply with all recording and content requirements.
Included document last updated 11/8/2019


Mellette County Transfer on Death Affidavit Guide Page 1

Transfer on Death Affidavit Guide - Mellette County

Line by line guide explaining every blank on the form.
Included document last updated 11/7/2019


Mellette County Completed Example of the Transfer on Death Affidavit Document Page 1

Completed Example of the Transfer on Death Affidavit Document - Mellette County

Example of a properly completed form for reference.
Included document last updated 10/31/2019


*The Following South Dakota and Mellette County supplemental forms are included as a courtesy with your order.


Certificate of Real Estate Transfer

Certificate of Real Estate Transfer

This is a required form, due at the time of recording.


Transfer Tax Rates and Exemptions

Transfer Tax Rates and Exemptions

Consult this list for exempt transfers.


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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 the state or local jurisdiction. 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?
    • After you submit payment you will see a page listing the forms you ordered with a download link to the pdf form file. You download the forms to your computer. You will also receive an email with a link to your download page in case you need it later.
  • What type of files are the forms?
    • All of our 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 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 a given county that you need to transfer you would only need to order our forms once for all of your properties in that county.
  • Are these forms guaranteed to be recordable in Mellette County ?
    • Yes. Our form blanks are guaranteed to meet or exceed all formatting requirements set forth by Mellette 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 Transfer on Death Affidavit Forms:

  • Mellette County

Including:

  • Norris
  • White River
  • Wood

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What is the 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.

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Save Time and Money

Get your Mellette County Transfer on Death Affidavit 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.

Our Promise

The documents you receive here will meet, or exceed, the Mellette County recording requirements for formatting. If there's an issue caused by our formatting, we'll make it right and refund your payment.

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Review: The forms were easy to use but there was a software issue that made it impossible to get the county name to appear on the form in the correct place. It made the deed look a little sloppy

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