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Transfer on Death Deed Form - Brule County
Fill in the blank form formatted to comply with all recording and content requirements.
Included document last updated 1/28/2020
Transfer on Death Deed Guide - Brule County
Line by line guide explaining every blank on the form.
Included document last updated 2/6/2020
Completed Example of the Transfer on Death Deed Document - Brule County
Example of a properly completed form for reference.
Included document last updated 2/12/2020
*The Following South Dakota and Brule County supplemental forms are included as a courtesy with your order.
Certificate of Real Estate Transfer
This is a required form, due at the time of recording.
Transfer Tax Rates and Exemptions
Consult this list for exempt transfers.
Including:
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.
Get your Brule 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.
The documents you receive here will meet, or exceed, the Brule County recording requirements for formatting. If there's an issue caused by our formatting, we'll make it right and refund your payment.
4.7 out of 5 (1155 Reviews) February 19th, 2020
Name: Patsy B.
Review: This website is very user friendly. I easily found the form I needed and was given an example for filling it out. Highly recommend this website!
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February 19th, 2020
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Review: Documents are great and easy to use, just wish there was a page helping to know where to mail documents to with an amount since it tells you mailing in is an option.
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February 17th, 2020
Name: Doris P.
Review: Easy to understand and fill out Beneficiary Deed, but when I tried to download finished form, it disappeared! Luckily I had printed it first and had to fill out again.
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February 16th, 2020
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Review: Great site. It lets your fingers do the walking. It took me half a day to get deed info a couple of years ago. Thanks Deeds.com
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February 15th, 2020
Name: Anthony L.
Review: I recently needed an affidavit of death. The form and help tools made it easy to fill out and file. the Recorder accepted this form . Which made the experience painless and easy . All things considered..
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February 14th, 2020
Name: Sherilyn L.
Review: Easy to use & cost is great Thank you
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February 13th, 2020
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Review: Got me all the info I was looking for Thanks you deeds.com
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February 13th, 2020
Name: ANGELA S.
Review: My E-deed was not excepted by the county, so I had to snail mail the documents to the recorders office. Will probably not use this site again, as it did not fulfill my purpose, but would recommend to those who do not have complicated forms.
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February 13th, 2020
Name: Teresa R.
Review: Zero problems, ended up with quality documents. Will use again.
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February 13th, 2020
Name: Janis H.
Review: Amazing! Great forms - created the quitclaim fairly easy, recorded with no issues. Thanks!
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