Personal Representative's Deed - South Dakota

PERSONAL REPRESENTATIVE'S DEED — SOUTH DAKOTA

Prepared by: [PREPARER NAME, ADDRESS, TELEPHONE NUMBER]

Return recorded deed to: [NAME AND MAILING ADDRESS]

County of property: [COUNTY], South Dakota

Parcel number, if known: [PARCEL NUMBER]

Estate, authority, and grantee

Decedent: [FULL LEGAL NAME]

Estate case number and court: [CASE NUMBER], [CIRCUIT COURT AND COUNTY]

Personal Representative: [FULL LEGAL NAME AND MAILING ADDRESS]

Letters issued on: [__/__/____]. The appointment has not terminated, and the letters are in effect. Identify any restriction on powers endorsed on the letters, stated in the will, or imposed by court order: [WRITE “NONE” OR DESCRIBE AND ATTACH THE RESTRICTION].

Grantee: [FULL LEGAL NAME AND MAILING ADDRESS]. If more than one grantee, state the intended vesting: [________________________________].

The Personal Representative acts solely for the estate. SDCL § 29A-3-711 grants power over estate title during the appointment, in trust for creditors and interested persons; SDCL § 29A-3-715(a)(6) and (23) authorize sale or disposal of estate land, subject to the statute's restrictions and other applicable estate duties. Identify the transaction:

☐ Sale: Purchase price $[________]; buyer [NAME].
☐ Distribution in kind under SDCL § 29A-3-907: Recipient [NAME]; this deed evidences the distributee's title. Decree of distribution dated [__/__/____], if any.
☐ Other authorized transfer: [DESCRIBE BASIS AND CONSIDERATION].

Authority document, if needed for this transaction: [WILL PROVISION, COURT ORDER, OR OTHER AUTHORITY AND RECORDING REFERENCE].

Preclosing sale notice under SDCL § 29A-3-715(b): For a sale of estate property whose fair market value is not readily ascertainable, the Personal Representative must give the specified written information to persons who demanded notice under § 29A-3-204 at least fourteen days before closing. Complete before closing: ☐ Not such a sale ☐ Required notice given on [__/__/____] to all persons who filed a demand for notice.

Conveyance

For the consideration or distribution stated above, [PERSONAL REPRESENTATIVE NAME], solely as Personal Representative of the Estate of [DECEDENT NAME], grants and conveys to Grantee all right, title, and interest of the estate in the following real estate in [COUNTY] County, South Dakota, together with its appurtenant interests:

Full legal description: [INSERT COMPLETE LEGAL DESCRIPTION OR STATE “SEE EXHIBIT A ATTACHED AND INCORPORATED HEREIN”]

[________________________________]

[________________________________]

Specifically identified liens, easements, restrictions, and other title matters: [WRITE “NONE KNOWN” OR DESCRIBE EACH MATTER PRECISELY; DO NOT LEAVE BLANK]

[________________________________]

This deed gives no personal warranty of title by the Personal Representative. No broader title covenant or individual debt assumption is made by signing in the stated representative capacity.

Date of deed: [__/__/____]

Transfer fee notation

Select the line that fits this transfer. SDCL § 43-4-21 imposes a transfer fee payable by the grantor unless an exemption applies. SDCL § 43-4-22(10) applies to transfers pursuant to decrees of distribution entered in a decedent's estate; a sale by the estate is not automatically such a distribution.

☐ Fee applies: Fee amount paid or submitted: $[________].

☐ Exemption applies: exempt from transfer fee under SDCL § 43-4-22([____]); identify the applicable subdivision and facts or decree: [________________________________].

SDCL § 43-4-23 requires an exempt deed to state “exempt from transfer fee” and the applicable § 43-4-22 subdivision. Remove the inapplicable line before execution.

Certificate of Real Estate Value (PT 56)

Complete the South Dakota Department of Revenue Certificate of Real Estate Value (PT 56) and submit it with this deed for recording under SDCL § 7-9-7(4). A transfer-fee exemption does not by itself dispense with the certificate. Record the buyer and seller information, legal description, consideration, relationship, and payment terms required by the certificate and statute. Confirm the current form and county submission method before closing.

Personal Representative signature

Signature: [________________________________]

Printed name: [________________________________], solely as Personal Representative of the Estate of [DECEDENT NAME], deceased

Date: [__/__/____]

Co-Personal Representative signature, if required: [________________________________]

Printed name and capacity: [________________________________]

Date: [__/__/____]

Acknowledgment — SDCL § 18-5-8

An acknowledgment supports recording under SDCL § 43-25-26. Identify each Personal Representative who signs.

State of [________________]
County of [________________]

On this [____] day of [________________], 20[____], before me, [OFFICER NAME], the undersigned officer, personally appeared [NAME(S)], known to me or satisfactorily proven to be the person(s) whose name(s) is/are subscribed to this deed, and acknowledged that [he/she/they] executed it for the purposes stated herein in the representative capacity shown above.

In witness whereof, I set my hand and official seal.

Officer signature: [________________________________]
Title of officer: [________________________________]
Commission expiration, if applicable: [__/__/____]
Official seal: [PLACE SEAL]

Exhibit A — legal description, if used

Attach the complete legal description here if it is incorporated above. Do not substitute a street address or parcel number for the legal description.

[COMPLETE LEGAL DESCRIPTION]