Union County Transfer on Death Deed Forms (South Dakota)

Form Package

Transfer on Death Deed

State

South Dakota

Area

Union County

Price

$27.97

Delivery

Immediate Download

Payment Information

Email:

Please provide a valid email.

First Name

Please provide a valid first name.

Last Name

Please provide a valid last name.

Credit Card Type Select Card Type Visa Mastercard American Express Discover

Credit Card Number

Please provide a valid card number.

Expiration Month Select Month 01 - January 02 - February 03 - March 04 - April 05 - May 06 - June 07 - July 08 - August 09 - September 10 - October 11 - November 12 - December

Expiration Year Select Year202420252026202720282029203020312032203320342035203620372038203920402041204220432044

Card Security Code

Please provide a valid security code.

Billing Zip Code

Please provide a valid billing zip code.

Phone Number:

I agree to the Terms of Use and I understand I am purchasing blank real estate deed forms and not a copy of my existing deed.

You must agree before submitting.

Place Order - Download

More info on getting a copy of your existing deed and eRecording.

Included Forms

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

Included Supplemental Documents

The following South Dakota and Union County supplemental forms are included as a courtesy with your order.

Frequently Asked Questions:

Areas Covered by These Transfer on Death Deed Forms:

• Union County

Including:

• Alcester
• Beresford
• Elk Point
• Jefferson
• North Sioux City

What is the South Dakota Transfer on Death Deed

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 Union 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 Union 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.

Reviews

4.8 out of 5 (4320 Reviews)