South Dakota Forms

Bennett County Trustee Deed Form

Bennett County Trustee Deed Form

Bennett County Trustee Deed Form

Fill in the blank form formatted to comply with all recording and content requirements.

Validated 6/26/2025 Preview Form
Bennett County Trustee Deed Guide

Bennett County Trustee Deed Guide

Line by line guide explaining every blank on the form.

Validated 7/23/2025 Preview Form
Bennett County Completed Example of the Trustee Deed Document

Bennett County Completed Example of the Trustee Deed Document

Example of a properly completed form for reference.

Validated 6/6/2025 Preview Form

All 3 documents above included • One-time purchase • No recurring fees

Additional South Dakota and Bennett County documents included at no extra charge:

Important: Your property must be located in Bennett County to use these forms. Documents should be recorded at the office below.

Where to Record Your Documents

Bennett County Register of Deeds

Address:
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

Recording Tips for Bennett County:
  • Check that your notary's commission hasn't expired
  • Recorded documents become public record - avoid including SSNs
  • Bring extra funds - fees can vary by document type and page count

Cities and Jurisdictions in Bennett County

Properties in any of these areas use Bennett County forms:

  • Allen
  • Martin
  • Tuthill

How do I get my forms?

Forms are available for immediate download after payment. The Bennett County forms will be in your account ready to download to your computer. An account is created for you during checkout if you don't have one. Forms are NOT emailed.

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 I reuse these forms?

Yes. You can reuse the forms for your personal use. For example, if you have multiple properties in Bennett County you only need to order once.

What do I need to use these forms?

The forms are PDFs that you fill out on your computer. You'll need Adobe Reader (free software that most computers already have). You do NOT enter your property information online - you download the blank forms and complete them privately on your own computer.

Are there any recurring fees?

No. This is a one-time purchase. Nothing to cancel, no memberships, no recurring fees.

How much does it cost to record in Bennett County?

Recording fees in Bennett County vary. Contact the recorder's office at (605) 685-6054 for current fees.

Have other questions? Contact our support team

Transferring Real Property by Trust in South Dakota

In a trust arrangement, a settlor transfers property (which may include real estate) to another person (called the trustee) for the benefit of another (called the beneficiary). Trusts that take effect during the settlor's lifetime are called living (inter vivos) trusts, and trusts that take effect upon the settlor's (testator's) death through the provisions of a will are called testamentary trusts.

In a living trust, a settlor may serve in all three capacities, as long as he is not the sole beneficiary. Living trusts are estate planning tools that take effect during a settlors' lifetime and allow them to determine how their assets will be managed upon death.

In South Dakota, trusts relating to real property must be created by a written instrument signed by the trustee (SDCL 43-10-4). The trust instrument establishes the trust's provisions, determines how the trust will be managed, designates the trustee and the trustee's powers, and identifies the trust beneficiary. Trust instruments are generally unrecorded in order to maintain the privacy of the settlor's estate plan. Transfers of real property to into trust can either occur concurrently with execution of the trust instrument, or the settlor can execute a later deed titling the property in the name of the trustee on behalf of the trust.

Unless otherwise limited by the terms of the trust, a trustee has a statutory power to "acquire, sell, or otherwise dispose of an asset" (SDCL 55-1A-11). Most trust instruments specifically include a power of sale. Transferring real property from a living trust requires a trustee's deed. A trustee's deed is named for the executing party rather than for the type of warranty conveyed.

In South Dakota, a trustee's deed carries the implied covenants typically associated with a special warranty deed. The word "grant" in the granting clause implies that "the grantor has not conveyed the same estate...to any person other than the grantee" and that "such estate is...free from encumbrances done, made, or suffered by the grantor, or any person claiming under him" (43-25-10).

In titling the property in the name of the grantee, the form of the trustee's deed names each granting trustee and the name and date of the trust on behalf of which the trustee is acting. A valid instrument also includes all requirements for documents relating to real property, such as a legal description of the subject parcel, and compliance with the recording prerequisites established at SDCL 43-28-23. Transfers of property in South Dakota require a certificate of real estate value and payment of applicable transfer fees.

Before recording the deed in the applicable county, it must be signed by each granting trustee in the presence of a notary public. At the time of conveyance, the trustee may also execute a certificate of trust in support of a real property transaction under SDCL 55-4-51.3 to confirm the trust's existence and his authority to convey the property.

Consult a lawyer in the preparation of a trustee's deed in South Dakota. Trust law can quickly become complex, and each situation requires unique attention.

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

Important: Your property must be located in Bennett County to use these forms. Documents should be recorded at the office below.

This Trustee Deed meets all recording requirements specific to Bennett County.

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 Trustee Deed 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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January 3rd, 2019

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May 26th, 2021

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December 29th, 2021

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December 18th, 2018

No review provided.

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August 8th, 2019

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