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Transfer on Death Deed Form - Clark County
Fill in the blank form formatted to comply with all recording and content requirements.
Included document last updated 11/4/2019
Transfer on Death Deed Guide - Clark County
Line by line guide explaining every blank on the form.
Included document last updated 11/13/2019
Completed Example of the Transfer on Death Deed Document - Clark County
Example of a properly completed form for reference.
Included document last updated 11/6/2019
*The Following South Dakota and Clark 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 Clark 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 Clark 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 (973 Reviews) November 16th, 2019
Name: Sally Ann C.
Review: Thank you for your service. It seems to have worked, I printed a document purporting to be the Deed I needed. I was somewhat disappointed though - I was expecting something as impressive as the Title Search, which goes back to 1828 and includes Millard Fillmore, admittedly not one of our most celebrated Presidents. But I am happy to have what I have, and thank you again! peace - SAVC
Reply from Staff on November 17th, 2019
Thank you for your feedback. We really appreciate it. Have a great day!
November 15th, 2019
Name: Lori C.
Review: It just a little disconcerting that I was not able to preview any of the forms prior to purchasing them. Thank goodness they were the correct forms I needed. I would suggest being able to at least make the picture of the forms a little larger or give the capability to zoom in.
Reply from Staff on November 15th, 2019
Thank you!
November 15th, 2019
Name: Jonnie G.
Review: I very much dreaded this whole endeavor but very pleasantly surprised. So far, so good. I feel much more confidant that the crucial form, when presented, will play well with the county.......
Reply from Staff on November 15th, 2019
We appreciate your business and value your feedback. Thank you. Have a wonderful day!
November 15th, 2019
Name: Gary K.
Review: Straightforward and pretty easy to use. The only downside is that there is no way to contact them directly. The number on the website is answered only by a voicemail with no return calls. Pricing seems fair compared to other services and much more efficient that filing "over the counter."
Reply from Staff on November 15th, 2019
Thank you for your feedback. We really appreciate it. Have a great day!
November 14th, 2019
Name: Dee R.
Review: Quick, Simple order process with many options of forms to download!
Reply from Staff on November 14th, 2019
We appreciate your business and value your feedback. Thank you. Have a wonderful day!
November 14th, 2019
Name: Richard R.
Review: Very straightforward, and fair-enough pricing.
Reply from Staff on November 14th, 2019
Thank you!
November 14th, 2019
Name: Elexis C.
Review: Easy, fast & amazing descriptions of all forms needed.
Reply from Staff on November 14th, 2019
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November 14th, 2019
Name: Beata K.
Review: Loved it! Extremely easy to use. Quick and efficient. I was able to officially record my documents within a day.
Reply from Staff on November 14th, 2019
We appreciate your business and value your feedback. Thank you. Have a wonderful day!
November 14th, 2019
Name: James R.
Review: Really Easy site to navigate!
Reply from Staff on November 14th, 2019
Thank you James, have a great day!
November 13th, 2019
Name: Michael B.
Review: It was a breeze to utilize.
Reply from Staff on November 13th, 2019
Thank you!