Bennett County Transfer on Death Deed Form

Bennett County Transfer on Death Deed Form
Fill in the blank form formatted to comply with all recording and content requirements.

Bennett County Transfer on Death Deed Guide
Line by line guide explaining every blank on the form.

Bennett County Completed Example of the Transfer on Death Deed Document
Example of a properly completed form for reference.
All 3 documents above included • One-time purchase • No recurring fees
Additional South Dakota and Bennett County documents included at no extra charge:
Where to Record Your Documents
Bennett County Register of Deeds
Address:
Courthouse - 202 Main St / PO Box 433
Martin, South Dakota 57551-0433
Hours: 8:00 to 12:00 & 1:00 to 4:30 M-F / call ahead to confirm
Phone: (605) 685-6054
Recording Tips for Bennett County:
- Check that your notary's commission hasn't expired
- Make copies of your documents before recording - keep originals safe
- Request a receipt showing your recording numbers
- Both spouses typically need to sign if property is jointly owned
- Multi-page documents may require additional fees per page
Cities and Jurisdictions in Bennett County
Properties in any of these areas use Bennett County forms:
- Allen
- Martin
- Tuthill
How do I get my forms?
Forms are available for immediate download after payment. The Bennett County forms will be in your account ready to download to your computer. An account is created for you during checkout if you don't have one. Forms are NOT emailed.
Are these forms guaranteed to be recordable in Bennett County?
Yes. Our form blanks are guaranteed to meet or exceed all formatting requirements set forth by Bennett County including margin requirements, content requirements, font and font size requirements.
Can I reuse these forms?
Yes. You can reuse the forms for your personal use. For example, if you have multiple properties in Bennett County you only need to order once.
What do I need to use these forms?
The forms are PDFs that you fill out on your computer. You'll need Adobe Reader (free software that most computers already have). You do NOT enter your property information online - you download the blank forms and complete them privately on your own computer.
Are there any recurring fees?
No. This is a one-time purchase. Nothing to cancel, no memberships, no recurring fees.
How much does it cost to record in Bennett County?
Recording fees in Bennett County vary. Contact the recorder's office at (605) 685-6054 for current fees.
Have other questions? Contact our support team
As of July 1, 2014, owners of real estate in South Dakota have access to a new estate planning tool: the transfer on death deed (TODD). Find the full text of the South Dakota Real Property Transfer on Death Act at 29A-6-401 of the South Dakota Codified Laws.
The statute is based on the Uniform Real Property Transfer on Death Act (URPTODA). In addition to South Dakota, a growing number of states are choosing to adopt the provisions of the URPTODA. The new law allows landowners to direct the distribution of what is often their most significant asset, their real estate, with a correctly executed and recorded transfer on death deed.
Standard conveyances such as warranty or quitclaim deeds, when executed, define permanent transfers of ownership. Deeds under URPTODA, however, are revocable (29A-6-405). Transferors under this law may sell, mortgage, rent, or otherwise use the property in any way they wish; TODDs only contain a potential future interest (29A-6-414(1)). They provide owners with the flexibility to accommodate changing circumstances by modifying or even cancelling the recorded transfer. This is possible because TODD beneficiaries have absolutely no rights to or interest in the property while the owner is alive (29A-6-414(5)). In addition, the beneficiary pays nothing to the owner for the potential future interest, and the owner is not obligated to inform the beneficiary about the transfer (29A-6-409).
Transfer on death deeds are nontestamentary, which means title to the property passes to the beneficiary without instructions in a will or the need for probate distribution (29A-6-406). Unnecessary conflicts are likely to add confusion and expense to what is often a difficult time, so landowners should take care to ensure that their wills and TODDs lead to the same outcomes.
South Dakota's version of the URPTODA sets out the specific requirements for lawful transfer on death deeds at 29A-6-408. TODDs must:
- contain the essential elements and formalities of a properly recordable "traditional" deed as required by the standards of title;
- state that the transfer to the designated beneficiary is to occur at the transferor's death; and
- be recorded before the transferor's death in the public records in the office of the register of deeds in the county where the property is located.
In general, the beneficiary must be alive at the time of the transferor's death or the interest returns to the estate (29A-6-415(2)). To prevent this from happening, the owner may identify one or more contingent beneficiaries. Beneficiaries take title subject to any obligations (contracts, easements, etc.) associated with the property when the transferor dies (29A-6-416).
With the new transfer on death deeds, real property owners in South Dakota have gained a convenient, flexible option for managing one aspect of a comprehensive estate plan. Even so, a TODD may not be appropriate for everyone. Since each situation is unique, contact an attorney with specific questions or for complex circumstances.
(South Dakota TODD Package includes form, guidelines, and completed example)
Important: Your property must be located in Bennett County to use these forms. Documents should be recorded at the office below.
This Transfer on Death Deed meets all recording requirements specific to Bennett County.
Our Promise
The documents you receive here will meet, or exceed, the Bennett 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 Bennett County Transfer on Death Deed 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.
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