| My Account |  |
Trustee Deed Form - Buffalo County
Fill in the blank form formatted to comply with all recording and content requirements.
Included document last updated 6/1/2020
Trustee Deed Guide - Buffalo County
Line by line guide explaining every blank on the form.
Included document last updated 5/20/2020
Completed Example of the Trustee Deed Document - Buffalo County
Example of a properly completed form for reference.
Included document last updated 5/26/2020
*The Following South Dakota and Buffalo County supplemental forms are included as a courtesy with your order.
Certificate of Real Estate Transfer
This is a required form, due at the time of recording.
Transfer Tax Rates and Exemptions
Consult this list for exempt transfers.
Including:
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.
Get your Buffalo 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.
The documents you receive here will meet, or exceed, the Buffalo County recording requirements for formatting. If there's an issue caused by our formatting, we'll make it right and refund your payment.
4.8 out of 5 (1459 Reviews) June 3rd, 2020
Name: Albert j.
Review: Very easy site to use for a simple minded happy howmowner. Very reasonable fee Quick turn around Good communication
Reply from Staff on June 3rd, 2020
Thank you!
June 3rd, 2020
Name: barbara s.
Review: I was in a rush to record a quit claim deed, however due to covid 19 Miami dade county recorders office are not open to public. According to staff I would have to mail in the quit claim deed and wait approximately two weeks for the deed to get recorded. Thanks to Deeds.com I got my document recorded in less than one day. You guys are awesome, I will use this company anytime I need something like this again. Very reliable.
Reply from Staff on June 3rd, 2020
We appreciate your business and value your feedback. Thank you. Have a wonderful day!
June 2nd, 2020
Name: Chanda C.
Review: It's going well so far!
Reply from Staff on June 3rd, 2020
Thank you!
June 2nd, 2020
Name: Richard O.
Review: Thank you for providing this service. It was quick and easy.
Reply from Staff on June 2nd, 2020
Thank you for your feedback. We really appreciate it. Have a great day!
June 2nd, 2020
Name: Jo Anne M.
Review: good I think
Reply from Staff on June 2nd, 2020
Thank you!
June 2nd, 2020
Name: Robin G.
Review: Very Pleased. Was so easy and No hidden cost. Second time I have used their services. Would not use any other deed website.
Reply from Staff on June 2nd, 2020
We appreciate your business and value your feedback. Thank you. Have a wonderful day!
June 1st, 2020
Name: Robbin J.
Review: Really great website!! Easy to use!! Very helpful!!
Reply from Staff on June 1st, 2020
Thank you!
May 31st, 2020
Name: Aubrey M.
Review: I am an attorney who was trying to draft some deeds in arizona. The deed templates coupled with the document instructions saved me hours work. At 1st I was skeptical, so spent hours figuring out how to draft the documents, but could have saved so much time If I had just spend the $20 sooner. Would use again is needed a deed format as a basis for my drafting.
Reply from Staff on May 31st, 2020
Thank you for your feedback. We really appreciate it. Have a great day!
May 30th, 2020
Name: Gregory B.
Review: I believe you need more instruction on the use of the web site. I would type and nothing would appear on the form. When I tried to save a completed form I ended with a blank form with no detail.
Reply from Staff on May 30th, 2020
Thank you!
May 29th, 2020
Name: Carla H.
Review: This is a very useful site for downloading legal forms - just be sure you're getting the form you need before buying. Unfortunately I selected the wrong form initially and had to buy a 2nd form to correct my error. I saw no way of communicating my error at that point - i.e., loss of one star.
Reply from Staff on May 30th, 2020
Thank you for your feedback. We really appreciate it. Have a great day!