South Dakota - Potter County Transfer on Death Revocation Forms

Included Forms

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

Transfer on Death Revocation Form - Potter County

Fill in the blank form formatted to comply with all recording and content requirements.
Included document last updated 3/16/2023

Transfer on Death Revocation Guide - Potter County

Line by line guide explaining every blank on the form.
Included document last updated 4/13/2023

Completed Example of the Transfer on Death Revocation Document - Potter County

Example of a properly completed form for reference.
Included document last updated 3/28/2023

Included Supplemental Documents

The Following South Dakota and Potter 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)

Frequently Asked Questions:

• How long does it take to get my forms?
  • Forms are available immediately after submitting payment.
• What are supplemental forms?
  • Often when a deed is recorded additional documents are required by South Dakota or Potter 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.
• How do I get my forms, are they emailed?
  • After you submit payment you will see a page listing the Potter County forms you ordered with a download link to the pdf form file. You download the forms to your computer. You will also receive an email with a link to your download page in case you need it later.
• What type of files are the forms?
  • All of our Potter 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.
• 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 Potter County that you need to transfer you would only need to order our forms once for all of your properties in Potter County.
• Are these forms guaranteed to be recordable in Potter County ?
  • Yes. Our form blanks are guaranteed to meet or exceed all formatting requirements set forth by Potter County including margin requirements, content requirements, font and font size requirements.
• 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.
• 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.
• Are there any recurring fees involved?
  • No. Nothing to cancel, no memberships, no recurring fees.

Areas covered by these Transfer on Death Revocation Forms:

• Potter County

Including:

• Gettysburg
• Hoven
• Lebanon
• Tolstoy

What is the South Dakota Transfer on Death Revocation?

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.

Our Promise

The documents you receive here will meet, or exceed, the Potter 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 Potter 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: This is a great service. The fact that there are no recurring fees and all of the supporting documents as well as the main warranty deed is another excellent feature. Highly recommend

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Review: Fair price and beneficiary deed was recorded without issue. Completion instructions provided were insufficient in some cases.

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Review: The forms, instructions and example of the completed Interspousal Transfer Deed was very helpful. I was able to complete all necessary forms quickly and bring them to the County Recorder's Office for filing with no problems. It was a great relief, and I didn't even need to hire an attorney. Thank you!

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Name: Maria S.

Review: The paperwork/forms are fine, but there isn't enough explanation for me to figure out how to file the extra forms (which I do need in my case). The main form, Deed Upon Death is fine. I think the price is pretty high for these forms. I wouldn't have purchased it because there are places to get them for much cheaper (about 6 dollars), but this site had the extra forms I wanted (property in a trust and another form). Unfortunately these were included as a "courtesy" and there are no instructions for them. So three stars for being clear about what was in the package, having the right forms that I need, but instructions for putting them to use and price took a couple of stars off. Downloading was easy and once you download you can type the info into the PDF--that makes working with the forms much easier.

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