All Custer County specific forms and documents listed below are included in your immediate download package:
The Following South Dakota and Custer County supplemental forms are included as a courtesy with your order.
Certificate of Real Estate Value (South Dakota Document)
Transfer Tax Exemptions (South Dakota Document)
Including:
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.
The documents you receive here will meet, or exceed, the Custer County recording requirements for formatting. If there's an issue caused by our formatting, we'll make it right and refund your payment.
Get your Custer 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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Review: Straight forward easy to understand completing my document. The guide readily explained filing all portions of the document.
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Review: Very helpful. The Register office is closed in Detroit due to covid, but after using it, I would do it regardless. Thank you.
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Name: Estelle R.
Review: Easy to download. Hopefully easy to fill in. Just wish there was wording for a Beneficiary Deed for moving real estate property owned by a married couple to their Trust upon death of last Trustee.
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Name: Glenda T.
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Review: It was very easy to navigate and find what I needed. Very happy with the app.
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Name: Louise D.
Review: It was easy to complete the form and I appreciated the sample form.
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Name: Kerrin S.
Review: This was so efficient. Thank you for offering this service!
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Name: Shane T.
Review: The Transfer on Death Deed form package was very good. But like anything, could use some improvements. There is not enough space to fill more than one beneficiary with any level of additional detail like "as his sole and separate property" The area for the legal description could be a bit bigger and potentially fit many legal descriptions. Or it could be made to simply say "See Exhibit A" as is likely necessary for most anyway. The guide should indicate what "homestead property" means so the user doesn't have to research the legal definition. (which turns out to be obvious, at least in my state, if you live there, it's your homestead.) It would be helpful if an "Affidavit of Death" form were included in the package for instances where the current deed hasn't been updated to reflect a widowed owner as the sole owner before recording with only the one signature.
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Review: Very user-friendly and easy to understand directions.
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Review: Uncertain about use as I am new to online forms. Through use I am sure it will feel more comfortable. I like the storage of filled in info forms because I might be using I will be using them or the info in the future.
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Name: Tammy S.
Review: Easy to download, great guidelines, and samples of each form needed.
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