Bennett County Transfer on Death Deed Form (South Dakota)

All Bennett County specific forms and documents listed below are included in your immediate download package:

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.
Included Bennett County compliant document last validated/updated 5/14/2025

Transfer on Death Deed Guide

Bennett County Transfer on Death Deed Guide

Line by line guide explaining every blank on the form.
Included Bennett County compliant document last validated/updated 5/27/2025

Completed Example of the Transfer on Death Deed Document

Bennett County Completed Example of the Transfer on Death Deed Document

Example of a properly completed form for reference.
Included Bennett County compliant document last validated/updated 6/12/2025

The following South Dakota and Bennett County supplemental forms are included as a courtesy with your order:

When using these Transfer on Death Deed forms, the subject real estate must be physically located in Bennett County. The executed documents should then be recorded in the following office:

Bennett County Register of Deeds

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

Local jurisdictions located in Bennett County include:

  • Allen
  • Martin
  • Tuthill

How long does it take to get my forms?

Forms are available immediately after submitting payment.

How do I get my forms, are they emailed?

Immediately after you submit payment, the Bennett County forms you order will be available for download directly from your account. You can then download the forms to your computer. If you do not already have an account, one will be created for you as part of the order process, and your login details will be provided to you. If you encounter any issues accessing your forms, please reach out to our support team for assistance. Forms are NOT emailed to you.

What does "validated/updated" mean?

This indicates the most recent date when at least one of the following occurred:

  • Updated: The document was updated or changed to remain compliant.
  • Validated: The document was examined by an attorney or staff, or it was successfully recorded in Bennett County using our eRecording service.
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 the Transfer on Death Deed 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 Bennett County that you need to transfer you would only need to order our forms once for all of your properties in Bennett County.

What are supplemental forms?

Often when a deed is recorded, additional documents are required by South Dakota or Bennett County. These could be tax related, informational, or even as simple as a coversheet. Supplemental forms are provided for free with your order where available.

What type of files are the forms?

All of our Bennett County Transfer on Death Deed 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.

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.

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.

Are there any recurring fees involved?

No. Nothing to cancel, no memberships, no recurring fees.

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)

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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MARY LACEY M.

June 30th, 2025

Great service! Recording was smooth and swiftly performed. Deeds.com is an excellent service.rn

Reply from Staff

We are delighted to have been of service. Thank you for the positive review!

Robert F.

June 30th, 2025

Breeze.... It feels silly to hire an attorney to do this for just one beneficiary. Thanks.

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Pauline C.

June 29th, 2025

Everything that was stated to be included in my order was complete. Very satisfied

Reply from Staff

Thank you for your positive words! We’re thrilled to hear about your experience.

Fawn T.

March 31st, 2023

So easy, forms were great, examples of filled out forms, and instructions guide. Made it way easier, totally worth it!

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Thomas R.

June 21st, 2024

First time user. Was pleased with the easy of use and the step-by-step directions provided by the website.

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Debra M.

November 8th, 2021

Easy Peasy. Great experience.

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Samantha B.

December 9th, 2020

Awesome service! This took care of my needs 10x faster than I thought possible. I even bought an extra service that wasn't needed to accomplish my end goal and they refunded me without me even asking. Highly recommend!

Reply from Staff

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Kathryn C.

February 14th, 2022

The transfer deed documents are laid out the way county offices need, but I don't like the requirements so I'm going to leave a bad review.

Reply from Staff

Well, thanks we guess.

Nellouise S.

April 10th, 2019

Documents are ok but I needed to reword some of the verbiage and it cannot be edited without paying a monthly or annual membership.
otherwise it is a very nice site.

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Z. L.

October 20th, 2021

I appreciate a service that can reach any county in Texas to file deed distribution deeds. It is convenient, time and money saving for our clients and takes the headache out of estate administration. Thanks.

Reply from Staff

Thank you!

Willie S.

January 5th, 2021

So easy and fast. Since covid-19 is here, this option is perfect.

Reply from Staff

Thank you!

richard s.

March 26th, 2020

had exactly what i needed and good price

Reply from Staff

Thank you Richard! Have an amazing day.

Sammy K.

March 31st, 2021

A very streamlined, easy-yo-follow process of recording documents during the COVID-19 era. There was no delay in reviewing and submitting the uploaded documents to the deed office in the jurisdiction. Thanks!

Reply from Staff

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Margaret M.

August 9th, 2022

Quick and easy, but the 2MB file limit ended up causing some big headaches. Had I known the limit could be easily increased, it would have saved me a lot of time and trouble.

Reply from Staff

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Tracy M.

July 9th, 2020

The form is easy to use. However, the quit claim deed form seems to be for parcel of land, because the word "real property" is not in the form.

Reply from Staff

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