South Dakota Transfer on Death Deed Forms

Complete county-specific transfer on death deed packages for all South Dakota counties. Immediate download, guaranteed recordable, includes completion guide and examples.

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Transfer on Death Deed Form

County-specific blank form formatted to meet all local recording requirements including margins, fonts, and content specifications.

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Completion Guide

Step-by-step instructions explaining how to fill out every blank on the form. No guesswork - just follow along line by line.

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Completed Example

See exactly how a properly completed transfer on death deed should look with our filled-out sample document for reference.

Reference Tool

As of July 1, 2014, owners of real estate in South Dakota have access to a new estate planning tool: the transfer on death deed (TODD). Find the full text of the South Dakota Real Property Transfer on Death Act at 29A-6-401 of the South Dakota Codified Laws.

The statute is based on the Uniform Real Property Transfer on Death Act (URPTODA). In addition to South Dakota, a growing number of states are choosing to adopt the provisions of the URPTODA. The new law allows landowners to direct the distribution of what is often their most significant asset, their real estate, with a correctly executed and recorded transfer on death deed.

Standard conveyances such as warranty or quitclaim deeds, when executed, define permanent transfers of ownership. Deeds under URPTODA, however, are revocable (29A-6-405). Transferors under this law may sell, mortgage, rent, or otherwise use the property in any way they wish; TODDs only contain a potential future interest (29A-6-414(1)). They provide owners with the flexibility to accommodate changing circumstances by modifying or even cancelling the recorded transfer. This is possible because TODD beneficiaries have absolutely no rights to or interest in the property while the owner is alive (29A-6-414(5)). In addition, the beneficiary pays nothing to the owner for the potential future interest, and the owner is not obligated to inform the beneficiary about the transfer (29A-6-409).

Transfer on death deeds are nontestamentary, which means title to the property passes to the beneficiary without instructions in a will or the need for probate distribution (29A-6-406). Unnecessary conflicts are likely to add confusion and expense to what is often a difficult time, so landowners should take care to ensure that their wills and TODDs lead to the same outcomes.

South Dakota's version of the URPTODA sets out the specific requirements for lawful transfer on death deeds at 29A-6-408. TODDs must:

- contain the essential elements and formalities of a properly recordable "traditional" deed as required by the standards of title;

- state that the transfer to the designated beneficiary is to occur at the transferor's death; and

- be recorded before the transferor's death in the public records in the office of the register of deeds in the county where the property is located.

In general, the beneficiary must be alive at the time of the transferor's death or the interest returns to the estate (29A-6-415(2)). To prevent this from happening, the owner may identify one or more contingent beneficiaries. Beneficiaries take title subject to any obligations (contracts, easements, etc.) associated with the property when the transferor dies (29A-6-416).

With the new transfer on death deeds, real property owners in South Dakota have gained a convenient, flexible option for managing one aspect of a comprehensive estate plan. Even so, a TODD may not be appropriate for everyone. Since each situation is unique, contact an attorney with specific questions or for complex circumstances.

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

Legal Disclaimer: This information is provided for educational purposes only and should not be considered legal advice. Please consult with an attorney for specific legal guidance regarding your situation.
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4.8 out of 5 (4569 Reviews)

How long does it take to get my forms?

Forms are available immediately after submitting payment. You'll receive instant access to download your county-specific package.

Are these forms guaranteed to be recordable?

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.

What if I'm not satisfied with the forms?

We offer a 30-day money-back guarantee. If you're not completely satisfied with your purchase, we'll refund your payment in full.

4.8 out of 5 - ( 4569 Reviews )

Ronald P.

July 24th, 2025

Forms easy to download but experienced problems trying to type in my information into the forms. Then when I went to print a form, Adobe wanted to charge me for printing. I ended up printing the blank forms and then filling them out manually.

Reply from Staff

Thank you, Ronald. We're glad you found the forms easy to download, though we're sorry to hear about the printing and fill-in experience. Our forms are designed to be fillable and printable using free software like Adobe Reader. If you ever run into issues, our support team is happy to help!

Charlene H.

July 22nd, 2025

Deeds.com is a wonderful website. I highly recommend them and would use them again in the future.

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Kimberly B.

July 22nd, 2025

Great service, quick and easy!

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Tracy M.

July 9th, 2020

The form is easy to use. However, the quit claim deed form seems to be for parcel of land, because the word "real property" is not in the form.

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R Rodney H.

January 29th, 2019

Excellent service--I got just the information I needed quickly and reasonably priced. I am glad to know of this service for future needs, as an individual, in this sector. Cheers, RRH

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Laurie B.

May 30th, 2022

easy to use, good experience

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Wanda L.

July 30th, 2020

Really nice and helped with more information.

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Valerie R.

October 7th, 2020

My expereince with Deeds.com was easy and efficent. Great way to efile documents during these trying times.

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Cheryl C.

February 23rd, 2023

my only problem is the cost of the form I downloaded. A bit cheaper would be nice

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Jeanette S.

January 2nd, 2020

Easy to use and instructions were very clear. If possible, it would be nice to be able to download the entire package at one time - it was a little cumbersome to download each item separately. (Of course, I didn't know which of the items I needed, so downloaded them all)

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John U.

April 24th, 2020

It's too early for me to tell because I just uploaded the document today and it hasn't been recorded yet. However, I will say that the website is very user friendly so assuming that everything goes as planned, this is a great service.

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Herbert R.

November 12th, 2022

Your website was very helpful. Hopefully, I will have it completed correctly prior to use.

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Daniel R.

December 6th, 2021

Could have had Clerk's certification of mailing form after it is recorded. Not fatal, but I did have to resort to reading the statute as well.

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Jennifer C.

January 8th, 2021

Fast turnaround. Very much appreciated!

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LIsa B.

January 27th, 2023

Deeds.com made this process of electronic document recording so easy! The communication was quick, friendly, helpful and efficient. I am out of state and have administrative items to handle for my father who has Alzheimer's. Deeds.com is a great service. I highly recommend them, and will use them again when the time comes.

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