*Supplemental forms (forms other than the actual deed form) are made available as a courtesy with your order. Supplemental forms come directly from the state or local jurisdiction that requires them, we offer no support for the supplemental forms, we did not make them.
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 Clay 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.
We guarantee that you will receive access to the forms that you order and that those forms will be compliant with the recording requirements for the jurisdiction the forms were purchased for and the statutory requirements for content of the document.
Good. Easy to use.
Very easy & simple form made it easy to complete with the instructions
Good. Easy to use. A completed example might be helpful.
It was easy to complete and the instructions were very valuable
No Comment Left
Very easy to complete the form. I could save it and print it out.
No Comment Left
Easy to use you have an excellent site.
Very easy to use. Needed additional information that the form suggested and that was the only drawback not having the documents I needed at the outset.
Dont have much to say they worked.
No Comment Left
It had what you needed pretty basic some of the wording was a bit ambiguous but overall it gets the job done.
Will be back if I ever need real estate deed forms again.
If it works it is fantastic. The County recorded it now we will see if it holds up against the cities policy.
Very nice forms they were easy to understand.
No Comment Left
Hard to get excited about legal forms but this site was very easy to use and the forms were accurate and simple.
Very easy and well explained as to how to fill it out.
I found the forms to be more than adequate very easy to use and very professional looking (not that how they look matters). I was able to download and complete them in minutes. The information regarding recording the deed was a big help also. Thanks.
Good forms worked like a charm
Everything seems to be fine. The example could have been a bit clearer (hard to read and understand).
Easy to complete online. The document was fine except for the Notary page. The Notary attached a current page to our document.
Major nuisance that you can not save form that has been filled in. Found that I had to correct information several times and then had to re-enter data each time. Otherwise forms are a 10 and easy to fill out.
This was so easy to use and its nice that its set up by state and county as each has their own requirements. This was a good site to deal with.
Very pleased .. simple to use and very cost effective compared to having an attorney involved.
Price: $19.97 (Immediate Download)
Notice: You are ordering blank forms, NOT a copy of your existing deed.