Clay County Transfer on Death Revocation Form (South Dakota)
All Clay County specific forms and documents listed below are included in your immediate download package:
Transfer on Death Revocation Form
Fill in the blank form formatted to comply with all recording and content requirements.
Included Clay County compliant document last validated/updated 6/19/2024
Transfer on Death Revocation Guide
Line by line guide explaining every blank on the form.
Included Clay County compliant document last validated/updated 7/18/2024
Completed Example of the Transfer on Death Revocation Document
Example of a properly completed form for reference.
Included Clay County compliant document last validated/updated 7/22/2024
The following South Dakota and Clay 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 Clay County. The executed documents should then be recorded in the following office:
Clay County Register of Deeds
211 W Main St, Suite 202, Vermillion, South Dakota 57069
Hours: 8:00 to 5:00 M-F / sometimes closed 12:00 to 1:00
Phone: (605) 677-7130
Local jurisdictions located in Clay County include:
- Burbank
- Irene
- Vermillion
- Wakonda
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 Clay 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 Clay County using our eRecording service.
Are these forms guaranteed to be recordable in Clay County?
Yes. Our form blanks are guaranteed to meet or exceed all formatting requirements set forth by Clay 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 Clay County that you need to transfer you would only need to order our forms once for all of your properties in Clay County.
What are supplemental forms?
Often when a deed is recorded, additional documents are required by South Dakota or Clay 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 Clay 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 Clay 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 Clay 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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April 3rd, 2020
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Don R.
January 26th, 2022
From Pennsylvania here. Documents are great and easy to fill out however you are lacking a couple of things. You only provide the option for a Grant Deed when you purchase by your county which is Mercer County for me. Why not give the ability to get a Warranty Deed that better protects the Grantee?
Also, being from Pennsylvania and in a county that mined Buituminous Coal we are required to include the Coal Severance Notice and Bituminous Mine Subsidence and Land Conservation Act Notice. You can check the box on your Deed form that they are required and attached but you do not provide the verbiage or form for this. You state that you know what each county requires and include everything required but you do not include these two required Notices. This has been a requirement for years and the wording never changes. I had to look for these Notices and hand type this information and include it on another seperate page after the Notary section on the Deed. The Grantor has to sign the Coal Severance Notice and be witnessed by a Notary so I had to add another place for the Notary and will have to pay twice for witnessed signatures when it could have been included in your document. My Deed from 2003 was done that way and then the Notary statement after that so it was only one notarized witness of signature.
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November 26th, 2021
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January 27th, 2023
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October 23rd, 2020
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Michael C.
January 16th, 2019
I would appreciate being able to increase the size of the blocks such as the Grantor block and the legal description block where information is enter on the form and to adjust the font. Otherwise great product,
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June 7th, 2019
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JUDITH-DIAN W.
June 28th, 2023
I didn't have any problem downloading and filling out the form on my computer and printing it yesterday. I didn't know what to put for "Source of Title". I called the county recording office; they didn't know either and said to leave it blank. I got the form notarized at my bank and took it in to the recording office. They checked it, accepted it, I paid a fee, and it's done. So easy. My children will appreciate that I've done this. Added note: You do have one typo on your form--you left out 'at'. It should read: "You should carefully read all information at the end of this form."
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