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Transfer on Death Deed Form - Davison County
Fill in the blank form formatted to comply with all recording and content requirements.
Included document last updated 12/18/2020
Transfer on Death Deed Guide - Davison County
Line by line guide explaining every blank on the form.
Included document last updated 12/28/2020
Completed Example of the Transfer on Death Deed Document - Davison County
Example of a properly completed form for reference.
Included document last updated 1/12/2021
*The Following South Dakota and Davison 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 Davison 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 Davison County recording requirements for formatting. If there's an issue caused by our formatting, we'll make it right and refund your payment.
4.8 out of 5 (2313 Reviews) January 27th, 2021
Name: Terrell W.
Review: Was a little hard to find the form but once I did everything worked well
Reply from Staff on January 27th, 2021
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January 27th, 2021
Name: Jose D.
Review: A little difficult in the beginning but with the messaging back and forth it was very simple and fast. Thank you for your help.
Reply from Staff on January 27th, 2021
We appreciate your business and value your feedback. Thank you. Have a wonderful day!
January 27th, 2021
Name: Wendy C.
Review: I purchased a Warranty Deed "package" on Friday and found that the Main download was a working document, but the secondary document (which is required) was not. In other words, I was able to use the fill-in feature on the main document, but not on the second document. I used the portal on the website to report my issue the same day. That was Friday. This is Wednesday. I have not heard a word from them and I have to use my documents in 2 days. I will probably have to resort to pen and ink for that document, but I have already tried filling it out twice and have to keep reprinting and starting over. You can't white out or cross out. I would really prefer to have the complete service that I paid for.
Reply from Staff on January 27th, 2021
Thank you for your feedback. As is noted on the site, supplemental forms are provided as a courtesy with your order. They are not our forms, we did not create them. They are created and provided by the jurisdiction/agency that requires them. Have a wonderful day.
January 27th, 2021
Name: Meridith B.
Review: Well, When I got the question right I got the answers right from Claim Deed. In the end it all worked out very, very good. I'm pleased with the deed and the price was very fair. Thank you for answering all my crazy questions. Now all we have to do is go to UPS and sign it. Thank, again.
Reply from Staff on January 27th, 2021
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January 26th, 2021
Name: Vonnie F.
Review: This service is very user-friendly and efficient.
Reply from Staff on January 26th, 2021
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January 26th, 2021
Name: Remon W.
Review: Excellent and fast service. I will be using this site as needed in the future.
Reply from Staff on January 26th, 2021
Thank you Remon, we appreciate you.
January 26th, 2021
Name: Rebecca C.
Review: Great service ! Hawaii is not a "forms state" so unfortunately the public has no way to get templates on our local gov site but deeds.com to the rescue. The template was affordable and easy to use and successfully recorded. Great to use when you don't need to involve title or attorneys for simple deed changes, thank you
Reply from Staff on January 26th, 2021
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January 26th, 2021
Name: Irene G.
Review: Excellent service for anyone doing their own deed filing without the use of a title company or an attorney. I will definitely recommend deeds.com to my notary clients and will be personally using this service again! ;)
Reply from Staff on January 26th, 2021
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January 25th, 2021
Name: Alexis R.
Review: Excellent service and reasonable fees. Highly recommend this company.
Reply from Staff on January 25th, 2021
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January 25th, 2021
Name: Rachel S.
Review: It would be nice to get a reply in a small window that says "Your request package has been submitted." That way I can log out and wait for the email. I do love the efficient service.
Reply from Staff on January 25th, 2021
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