Transfer on Death Deed Form - Roberts County
Fill in the blank form formatted to comply with all recording and content requirements.
Included document last updated 11/27/2019
Transfer on Death Deed Guide - Roberts County
Line by line guide explaining every blank on the form.
Included document last updated 12/9/2019
Completed Example of the Transfer on Death Deed Document - Roberts County
Example of a properly completed form for reference.
Included document last updated 12/3/2019
*The Following South Dakota and Roberts 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 Roberts 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 Roberts County recording requirements for formatting. If there's an issue caused by our formatting, we'll make it right and refund your payment.
December 12th, 2019
Name: Diane W.
Review: Easy to download and print. Came with good instructions. Would use deeds.com again.
Reply from Staff on December 12th, 2019
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December 11th, 2019
Name: Kay I.
Review: Very easy to use. However, the "sample" filled in red ink did not print for me to refer to. Is that the correct desire, not to print?
Reply from Staff on December 11th, 2019
Thank you for your feedback. We really appreciate it. Have a great day!
December 11th, 2019
Name: Amanda M.
Review: Was very easy to use.
Reply from Staff on December 11th, 2019
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December 11th, 2019
Name: Dee W.
Review: Easy process! Submit payment, fill out forms using the document guide provided, and print!
Reply from Staff on December 11th, 2019
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December 11th, 2019
Name: Jennifer S.
Review: Fabulous
Reply from Staff on December 11th, 2019
Thank you!
December 10th, 2019
Name: Leslie Y.
Review: I had my doubts going in but was pleasantly surprised at the thoroughness of the documents and information provided. Will use again.
Reply from Staff on December 10th, 2019
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December 10th, 2019
Name: Nancy S.
Review: Outstanding forms, thanks for making this easy.
Reply from Staff on December 10th, 2019
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December 10th, 2019
Name: Virginia P.
Review: Not user friendly despite additional guide. There are other products out there that are superior. A waste of $20.
Reply from Staff on December 10th, 2019
Sorry to hear that Virginia. Your order and payment has been canceled. We do hope that you find something more suitable to your needs elsewhere. Have a wonderful day.
December 9th, 2019
Name: Lucille F.
Review: Instructions very detailed and clear.
Reply from Staff on December 9th, 2019
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December 8th, 2019
Name: Donald W.
Review: Could not have been any easier to download the quit claim forms. The provided instructions and samples look to be helpful. Only have to set aside the time to fill out. Thanks
Reply from Staff on December 8th, 2019
Thank you!