Bennett County Transfer on Death Revocation Form (South Dakota)

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

Transfer on Death Revocation Form

Bennett County Transfer on Death Revocation Form

Fill in the blank form formatted to comply with all recording and content requirements.
Included Bennett County compliant document last validated/updated 4/23/2024

Transfer on Death Revocation Guide

Bennett County Transfer on Death Revocation Guide

Line by line guide explaining every blank on the form.
Included Bennett County compliant document last validated/updated 5/13/2024

Completed Example of the Transfer on Death Revocation Document

Bennett County Completed Example of the Transfer on Death Revocation Document

Example of a properly completed form for reference.
Included Bennett County compliant document last validated/updated 3/8/2024

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

When using these Transfer on Death Revocation forms, the subject real estate must be physically located in Bennett County. The executed documents should then be recorded in the following office:

Bennett County Register of Deeds

Courthouse - 202 Main St / PO Box 433, Martin, South Dakota 57551-0433

Hours: 8:00 to 12:00 & 1:00 to 4:30 M-F / call ahead to confirm

Phone: (605) 685-6054

Local jurisdictions located in Bennett County include:

  • Allen
  • Martin
  • Tuthill

How long does it take to get my forms?

Forms are available immediately after submitting payment.

How do I get my forms, are they emailed?

Immediately after you submit payment, the Bennett County forms you order will be available for download directly from your account. You can then download the forms to your computer. If you do not already have an account, one will be created for you as part of the order process, and your login details will be provided to you. If you encounter any issues accessing your forms, please reach out to our support team for assistance. Forms are NOT emailed to you.

What does "validated/updated" mean?

This indicates the most recent date when at least one of the following occurred:

  • Updated: The document was updated or changed to remain compliant.
  • Validated: The document was examined by an attorney or staff, or it was successfully recorded in Bennett County using our eRecording service.
Are these forms guaranteed to be recordable in Bennett County?

Yes. Our form blanks are guaranteed to meet or exceed all formatting requirements set forth by Bennett County including margin requirements, content requirements, font and font size requirements.

Can the Transfer on Death Revocation forms be re-used?

Yes. You can re-use the forms for your personal use. For example, if you have more than one property in Bennett County that you need to transfer you would only need to order our forms once for all of your properties in Bennett County.

What are supplemental forms?

Often when a deed is recorded, additional documents are required by South Dakota or Bennett County. These could be tax related, informational, or even as simple as a coversheet. Supplemental forms are provided for free with your order where available.

What type of files are the forms?

All of our Bennett County Transfer on Death Revocation forms are PDFs. You will need to have or get Adobe Reader to use our forms. Adobe Reader is free software that most computers already have installed.

Do I need any special software to use these forms?

You will need to have Adobe Reader installed on your computer to use our forms. Adobe Reader is free software that most computers already have installed.

Do I have to enter all of my property information online?

No. The blank forms are downloaded to your computer and you fill them out there, at your convenience.

Can I save the completed form, email it to someone?

Yes, you can save your deed form at any point with your information in it. The forms can also be emailed, blank or complete, as attachments.

Are there any recurring fees involved?

No. Nothing to cancel, no memberships, no recurring fees.

Revoking a Transfer on Death Deed in South Dakota

The South Dakota Real Property Transfer on Death Act (SDCL 29A-6-401 et seq) went into effect on July 1, 2014. It offers owners of real estate in South Dakota an option for distributing their land after death by recording a transfer on death deed (TODD). They retain absolute control over and use of the land during their lives. The transferors may even modify or revoke the future transfer without penalty, and there is no need to update their wills or subject the property to probate.
This revocability is one of the most useful features about transfer on death deeds (TODDs) under the new law is (29A-6-405). It states that a TODD "is revocable even if the deed or another instrument contains a contrary provision." This is possible for two main reasons:
<ul><li>there is no obligation for consideration from or notice to any named beneficiaries (29A-6-409); and </li>
<li>until the owner's death, the beneficiaries have no actual, or present, interest in the property (29A-6-414).</li></ul>

Find the rules for revoking a previously recorded TODD at 29A-6-410. Subject to 29A-6-411, there are three primary ways to revoke or change the future transfer: Execute and record<ul>
<li>a new transfer on death deed that revokes the earlier TODD;</li>
<li>an instrument of revocation that expressly revokes the deed or part of the deed; or</li>
<li>an "standard" deed, such as a warranty or quitclaim deed that expressly revokes the transfer on death deed or part of the deed.</li></ul>
Note that, just as with the original transfer on death deed, any instrument of revocation must be recorded before the transferor's death in the public records in the office of the register of deeds in the county where the deed is recorded. See 29A-6-411 for information about joint owners.

Life is uncertain, and the flexibility of TODDs helps landowners respond to changes in circumstances with relative ease. Each case is unique, so contact an attorney with specific questions or for complex situations.

(South Dakota TOD Revocation Package includes form, guidelines, and completed example)

Our Promise

The documents you receive here will meet, or exceed, the Bennett 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 Bennett County Transfer on Death Revocation 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.

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