All Marshall County specific forms and documents listed below are included in your immediate download package:
The Following South Dakota and Marshall 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 Marshall 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 Marshall 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.
June 2nd, 2023
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June 2nd, 2023
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June 1st, 2023
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Review: Very easy and nice website to use.
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Review: I was skeptical after experiencing other websites. However not only did we get the form we needed for a fraction of the cost vs going to an attorney, the additional resources (guides and samples) made the completion of the Enhanced Life Quitclaim deed quite simple, quick, and painless. We were having difficulty getting my mom to agree to meeting with an attorney or even considering a Lady Bird deed. Deeds.com gave us the ability to move forward with necessary actions with family members walking my mom through the steps, explaining the process and giving her plenty of time to find the needed information. She became part of the process which made it easy for her at a time when decision making was hard. We did everything in the comfort of her own home. I can't think of a better experience or service and I would consider Deeds.com for future needs.
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Review: Thank you for your services...Attny office quoted a very large fee for the "TOD DEED" process, so this is very helpful that I am able to take care of this myself. If I would have researched your link sooner, I could have saved my Dad a lot of money for the "SURVIVORSHIP DEED". Thanks again & have a wonderful day:)
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Review: It was easy to download and save the Revocation of Beneficiary of Deed form. The example and instructions helped a lot. When I went to file with the county clerk's office, she read through it carefully and said "perfect" when she was through. Thank you for making it so easy!
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