Personal Representative's Deed - South Dakota

PERSONAL REPRESENTATIVE'S DEED

State of South Dakota

Recording Requested By:
_____________________________________________

When Recorded Return To:
_____________________________________________
_____________________________________________
_____________________________________________

Grantee Mailing Address (Required):
_____________________________________________

Property Address:
_____________________________________________

SPACE ABOVE THIS LINE FOR RECORDER'S USE

DOCUMENT INFORMATION

PREPARED BY (Required per SDCL 7-9-1)

Name: _____________________________________________

Address: _____________________________________________

DEED TAX STATEMENT (SDCL 43-4-21)

Consideration: $_______________

Deed Tax Due ($0.50 per $500): $_______________

☐ Deed Tax is paid herewith.

☐ EXEMPT FROM TRANSFER FEE PURSUANT TO SDCL 43-4-22(___)
(Insert applicable subdivision number in parenthesis)

Exemption Reason: _____________________________________________

PERSONAL REPRESENTATIVE'S DEED

KNOW ALL PERSONS BY THESE PRESENTS:

This Personal Representative's Deed is made and entered into this _____ day of _________________, 20_____.

ARTICLE I: PARTIES

Section 1.1 Grantor (Fiduciary Capacity)

Name of Personal Representative: _____________________________________________

acting solely in his/her/their representative capacity as the duly appointed, qualified, and acting Personal Representative of the Estate of

Decedent's Name: _____________________________________________ ("Decedent"),

Mailing Address of Personal Representative:
_____________________________________________
_____________________________________________

Appointment Recital:

The Personal Representative was appointed by the Circuit Court of the _____________ Judicial Circuit, _________________ County, South Dakota, in the matter entitled In re the Estate of _________________________, Case No. _________________. Letters of Personal Representative (Letters Testamentary ☐ / Letters of Administration ☐) were issued to the Grantor on [__/__/____] and remain in full force and effect, the Grantor's authority not having been revoked, suspended, or terminated.

Section 1.2 Authority Recital (Power to Sell and Convey)

The Personal Representative conveys the property described below pursuant to the authority indicated:

☐ Power of sale conferred by the Decedent's Will (Article/Section _______ of the Will admitted to probate), authorizing the Personal Representative to sell and convey real property of the estate.

☐ Statutory authority under SDCL 29A-3-715 and SDCL 29A-3-711, the Personal Representative being authorized, acting reasonably for the benefit of the estate, to acquire, dispose of, sell, and convey an asset of the estate, including land, for cash or on credit, at public or private sale, and having full power over the title to the property of the estate.

☐ Order of the Circuit Court authorizing/confirming this sale, entered [__/__/____] (a certified copy of which is recorded herewith or referenced as Document No. _________________).

Persons dealing with the Personal Representative for value and in good faith are protected as provided in SDCL 29A-3-714 and are not bound to inquire into the propriety of the exercise of this power.

Section 1.3 Grantee(s)

Name(s): _____________________________________________

Mailing Address (Required):
_____________________________________________
_____________________________________________

Vesting:
☐ A single person
☐ A married person dealing with his/her sole and separate property
☐ Husband and wife, as joint tenants with right of survivorship
☐ Husband and wife, as tenants in common
☐ An unmarried person
☐ As joint tenants with right of survivorship, and not as tenants in common
☐ As tenants in common
☐ A _________________ [entity type], a _________________ [state] _________________ [entity form]

ARTICLE II: CONVEYANCE

Section 2.1 Consideration and Granting Clause

For the consideration of $_____________________ (____________________ Dollars) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Grantor, as Personal Representative of the Estate of the Decedent and not individually, by virtue of the authority recited above, hereby GRANTS, BARGAINS, SELLS, AND CONVEYS unto Grantee, and Grantee's heirs, successors, and assigns forever, all of the right, title, and interest of the Decedent and of the estate in and to the real property, together with any improvements thereon, situated in the County of _________________, State of South Dakota, described as follows:

Section 2.2 Legal Description

See Exhibit "A" attached hereto and incorporated herein by reference.

also known by street and number as: _____________________________________________

Parcel ID: _____________________________________________

ARTICLE III: LIMITED (FIDUCIARY) WARRANTY

Section 3.1 Conveyance in Representative Capacity

The Grantor executes and delivers this deed solely in the Grantor's fiduciary capacity as Personal Representative of the Estate of the Decedent and not in any individual or personal capacity.

Section 3.2 Special (Limited) Warranty — Acts of the Grantor Only

The Grantor covenants with Grantee that the Grantor has done no act to encumber the property and that the Grantor WARRANTS AND WILL DEFEND the title to the property against the lawful claims of all persons claiming by, through, or under the Grantor in the Grantor's representative capacity, but against none other. This conveyance carries only the limited warranty of a fiduciary.

Section 3.3 No Personal Liability of Grantor

This deed binds only the estate and the interest conveyed. The Grantor assumes NO personal liability by reason of this conveyance, and the covenants herein are made only in the Grantor's representative capacity. The Grantor does NOT warrant title against defects, liens, encumbrances, or claims arising before the Decedent's ownership, arising during the Decedent's ownership, or arising from any source other than the act of the Grantor as Personal Representative.

Section 3.4 Statutory References

This conveyance is made pursuant to and in accordance with:

• SDCL 29A-3-711 (Powers of personal representative over title to property of estate)
• SDCL 29A-3-715 (Transactions authorized for personal representatives)
• SDCL 29A-3-714 (Protection of persons dealing with personal representative)
• SDCL 43-25-1 et seq. (Conveyances generally)
• SDCL 43-28-2 (Acknowledgment requirements)
• SDCL 43-4-21 and SDCL 43-4-22 (Deed tax and exemptions)
• SDCL 7-9-1 (Prepared-by statement)

ARTICLE IV: EXCEPTIONS AND RESERVATIONS

Section 4.1 Subject To

This conveyance is made subject to:

(a) General taxes and assessments for the year 20_____ and subsequent years, not yet due and payable;

(b) All applicable zoning, building codes, and governmental regulations;

(c) All covenants, conditions, restrictions, reservations, rights-of-way, and easements of record;

(d) All matters disclosed by an accurate survey and physical inspection of the property;

(e) Rights of parties in possession;

(f) Claims of creditors of the estate and the rights of interested persons as may be provided by law;

(g) The following specific exceptions:

☐ None

☐ As set forth below:
_____________________________________________
_____________________________________________
_____________________________________________

ARTICLE V: ADDITIONAL PROVISIONS

Section 5.1 Certificate of Real Estate Value

Pursuant to South Dakota law, a Certificate of Real Estate Value (Form PT 56) must accompany a deed presented for recording, unless the document is exempt.

☐ Certificate of Real Estate Value (Form PT 56) is attached.

☐ This instrument is a Probate Decree / distribution and is exempt from the Certificate of Real Estate Value requirement.

Section 5.2 Personal Information Protection

The preparer of this document has not included any individual's personally identifiable information (such as Social Security numbers) in this instrument.

ARTICLE VI: EXECUTION (Representative Capacity)

Section 6.1 Grantor's Signature

IN WITNESS WHEREOF, the Grantor, as Personal Representative and not individually, has executed this Personal Representative's Deed on the date first written above.

GRANTOR — PERSONAL REPRESENTATIVE:

_____________________________________________
Signature

_____________________________________________
Printed Name, as Personal Representative of the
Estate of _________________________, Deceased

Date: _____________________________________________

_____________________________________________
Signature (Co-Personal Representative, if any)

_____________________________________________
Printed Name, as Co-Personal Representative

Date: _____________________________________________

ARTICLE VII: ACKNOWLEDGMENT (Representative Capacity)

Section 7.1 South Dakota Acknowledgment

STATE OF SOUTH DAKOTA
COUNTY OF _________________

On this _____ day of _________________, 20_____, before me, a Notary Public in and for said County and State, personally appeared _____________________________________________, known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument as Personal Representative of the Estate of _________________________, Deceased, and acknowledged to me that he/she/they executed the same in such representative capacity for the purposes therein contained.

_____________________________________________
Notary Public, South Dakota

My Commission Expires: _____________________________________________

[NOTARIAL SEAL]

Section 7.2 Out-of-State Acknowledgment

STATE OF _________________
COUNTY OF _________________

On this _____ day of _________________, 20_____, before me, a Notary Public, personally appeared _____________________________________________, known to me (or proved to me) to be the person whose name is subscribed to the within instrument as Personal Representative of the Estate of _________________________, Deceased, and acknowledged the execution thereof in such representative capacity.

_____________________________________________
Notary Public

My Commission Expires: _____________________________________________

[NOTARIAL SEAL]

EXHIBITS

EXHIBIT A - LEGAL DESCRIPTION

Legal Description of Property:

_____________________________________________
_____________________________________________
_____________________________________________
_____________________________________________
_____________________________________________
_____________________________________________

County of _________________, State of South Dakota

Parcel ID: _____________________________________________

SOUTH DAKOTA RECORDING REQUIREMENTS AND INFORMATION

Recording Requirements

Documents to Accompany Recording

1. Certificate of Real Estate Value (Form PT 56) — required unless the deed is a probate decree or otherwise exempt.
2. Certified copy of Letters of Personal Representative — title companies and the Register of Deeds commonly require evidence of the Grantor's authority; attach a certified copy issued within the period required by the county.
3. Certified copy of the court order confirming the sale, if conveyance is made under court order rather than a will power of sale.
4. Deed Tax Payment (SDCL 43-4-21) — unless exempt under SDCL 43-4-22.

Deed Tax (Transfer Fee) — SDCL 43-4-21

Important Legal Notes

1. Fiduciary Conveyance: This deed conveys only the estate's interest and carries only a limited fiduciary warranty. The Grantor signs as Personal Representative and incurs no personal liability.

2. Authority Must Be Recited: State whether the conveyance is made under a will power of sale, statutory authority (SDCL 29A-3-715), or court order, and attach supporting documents.

3. Protection of Purchasers: SDCL 29A-3-714 protects a person who in good faith and for value deals with a personal representative; that person need not inquire into the existence or propriety of the power.

4. Race-Notice State: South Dakota follows a race-notice recording system; record promptly.

5. Title Insurance: Grantees should obtain title insurance, especially given the limited warranty nature of this deed.

6. Legal Counsel: Consultation with a licensed South Dakota attorney is recommended.

PREPARED BY:

_____________________________________________
Name

_____________________________________________
Address

_____________________________________________
Phone/Email

This template is provided for informational purposes only and does not constitute legal advice. Consult with a licensed South Dakota attorney before using this form.