South Dakota Affidavit of Deceased Joint Tenant Forms
Complete county-specific affidavit of deceased joint tenant packages for all South Dakota counties. Immediate download, guaranteed recordable, includes completion guide and examples.
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Affidavit of Deceased Joint Tenant Form
County-specific blank form formatted to meet all local recording requirements including margins, fonts, and content specifications.
Always CurrentCompletion Guide
Step-by-step instructions explaining how to fill out every blank on the form. No guesswork - just follow along line by line.
Easy to FollowCompleted Example
See exactly how a properly completed affidavit of deceased joint tenant should look with our filled-out sample document for reference.
Reference ToolClearing the Title on South Dakota Real Estate after a Joint Tenant Dies
In South Dakota, land owned by two or more people can be held as a tenancy in common, a partnership, or a joint tenancy (SDCL 43-2-11).
Joint tenancy, as defined at 43-2-12, is a property interest "owned by several persons in equal shares, by a title created by a single will or transfer, when expressly declared in the will or transfer to be a joint tenancy, or when granted or devised to personal representatives or trustees as joint tenants." South Dakota's joint tenancy includes the right of survivorship, meaning that if one of the co-owners dies, that person's share is distributed equally among the remaining owners. This distribution is identified as a nonprobate transfer under 29A-2-205(ii).
Nonprobate transfers are not included in the deceased owner's estate; instead, they cause the property to descend to the survivors as a function of law. Still, it makes sense, especially with real estate titles, to formalize and update the changed status. One way to accomplish this is by executing and recording an affidavit stating the relevant facts, attach a certified copy of the decedent's death certificate, and file it with the register of deeds for the county where the property is located.
Each circumstance is unique. Contact an attorney with specific questions or for complex situations.
(South Dakota AODJT Package includes form, guidelines, and completed example)
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Forms are available immediately after submitting payment. You'll receive instant access to download your county-specific package.
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Yes. Our forms are guaranteed to meet or exceed all formatting requirements for your selected county, including margin requirements, content requirements, font and font size requirements.
Can I reuse the forms for multiple properties?
Yes. You can reuse the forms for your personal use. If you have multiple properties in the same county, you only need to order once for all your properties in that county.
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July 25th, 2024
After some initial general confusion -- (we sold a small piece of land privately and therefore do not typically prepare such documentation (!)) -- we were able to purchase and download all forms from Deeds.com and understand how to complete it/them. The help is all there, we just needed to read and study it - the "Example" helped alot. We were able to complete the Document per your online form(s) and then take it to be signed/notarized - and take the completed paper document to the Registry -- and it is now all registered and we are All Set. Took the morning (only). THANK YOU. A wonderful tool!!
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