Affidavit of Surviving Joint Tenant Title-Clearance Requirements in South Dakota

At a glance

Requirements one by one

General certified-death-record route

SDCL § 21-44-2 reaches every joint tenancy in land and every estate, title, interest, or lien that continues only for a named person's life. A duly certified copy of the official death record may be recorded with the register of deeds in the county where the land lies.

The person causing that certified copy to be recorded must attach an affidavit setting out the legal descriptions of the affected property. The section does not require the survivor, personal representative, or a relative to be the affiant; add a deed reference, death-place recital, or no-severance statement; or set a filing deadline.

The statute calls the remedy cumulative rather than exclusive. Recording the certified copy is prima-facie evidence of both death and termination of the joint tenancy or other interest limited by that life.

Detailed route for a sole surviving spouse

Section 21-44-27 supplies a second, more detailed route when the decedent's spouse is the sole surviving joint tenant in real property. Any interested person may furnish the register of deeds with the affidavit and certified death certificate.

That affidavit identifies the deceased joint tenant and death date, gives the legal description, names the surviving spouse, and states that the spouse is the sole surviving joint tenant. The statute does not say the spouse must sign.

Recording legend

SDCL § 7-9-1 generally requires a document presented for recording to carry a “prepared by” legend followed by the preparer's name, address, and telephone number. The statute lists exceptions, but neither § 21-44-2 nor § 21-44-27 creates a survivor-affidavit exception.

What trips people up

The general route is not survivor-only. The statute speaks of the person causing the death record to be recorded and requires that person to supply the property affidavit. It does not limit the role to a surviving grantee.

The spousal route is narrower but has more fields. Its four-item affidavit applies only when the decedent's spouse is the sole surviving joint tenant. Do not impose its surviving-spouse fields on every general § 21-44-2 filing.

The affidavit identifies property; the certified record proves death. The general statute assigns these functions to different documents and gives the recorded certified copy the express prima-facie effect.

Common questions

Does this cover a life estate? Yes. The general route covers an interest that ends upon a named person's death, and § 21-44-1 expressly includes joint tenants in the chapter definitions.

Must the affidavit be notarized? Sections 21-44-2 and 21-44-27 require an affidavit but state no separate acknowledgment, jurat wording, or witness count.

Is there a statewide filing deadline? The surveyed provisions state none.

Statutes and sources

• S.D. Codified Laws § 21-44-1 — chapter definitions including joint tenant and surviving joint tenant. https://sdlegislature.gov/api/Statutes/21-44-1.html (accessed 2026-08-03).
• S.D. Codified Laws § 21-44-2 — general certified death record, property-identification affidavit, office, and prima-facie effect. https://sdlegislature.gov/api/Statutes/21-44-2.html (accessed 2026-08-03).
• S.D. Codified Laws § 21-44-27 — sole-surviving-spouse affidavit route and certified death certificate. https://sdlegislature.gov/api/Statutes/21-44-27.html (accessed 2026-08-03).
• S.D. Codified Laws § 7-9-1 — prepared-by legend for recorded documents. https://sdlegislature.gov/api/Statutes/7-9-1.html (accessed 2026-08-03).