Brule County Transfer on Death Deed Form (South Dakota)

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

Transfer on Death Deed Form

Brule County Transfer on Death Deed Form

Fill in the blank form formatted to comply with all recording and content requirements.
Included Brule County compliant document last validated/updated 2/13/2024

Transfer on Death Deed Guide

Brule County Transfer on Death Deed Guide

Line by line guide explaining every blank on the form.
Included Brule County compliant document last validated/updated 5/6/2024

Completed Example of the Transfer on Death Deed Document

Brule County Completed Example of the Transfer on Death Deed Document

Example of a properly completed form for reference.
Included Brule County compliant document last validated/updated 4/17/2024

The following South Dakota and Brule 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 Brule County. The executed documents should then be recorded in one of the following offices:

Brule County Register Of Deeds

300 S Courtland St, Suite 110, Chamberlain, South Dakota 57325-1599

Hours: 8:00am to 4:30pm.M-F

Phone: (605) 234-4434

Local jurisdictions located in Brule County include:

  • Chamberlain
  • Kimball
  • Pukwana

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?

Forms are NOT emailed to you. Immediately after you submit payment, the Brule 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 sent to you. If you encounter any issues accessing your forms, please reach out to our support team for assistance.

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 Brule County using our eRecording service.
Are these forms guaranteed to be recordable in Brule County?

Yes. Our form blanks are guaranteed to meet or exceed all formatting requirements set forth by Brule 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 Brule County that you need to transfer you would only need to order our forms once for all of your properties in Brule County.

What are supplemental forms?

Often when a deed is recorded, additional documents are required by South Dakota or Brule 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 Brule 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 Brule 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 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 and local jurisdictions.

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