Transfer-on-Death Deed

TRANSFER-ON-DEATH DEED

STATE OF SOUTH DAKOTA

TABLE OF CONTENTS

1. Instructions and Important Information
2. Transfer-on-Death Deed Form
3. Acknowledgment
4. Revocation Form
5. Affidavit of Confirmation (Post-Death Filing)
6. Guidance Notes
7. Sources and References

1. INSTRUCTIONS AND IMPORTANT INFORMATION {#1-instructions}

Key Legal Requirements

☐ The deed must contain the essential elements and formalities of a properly recordable inter vivos deed
☐ The deed must state that the transfer to the designated beneficiary occurs at the transferor's death
☐ The deed must be recorded before the transferor's death in the Register of Deeds office in the county where the property is located
☐ The deed must be acknowledged (notarized) consistent with South Dakota recording requirements
☐ No delivery to or acceptance by the beneficiary is required during the transferor's life

Important Notices

• This deed is revocable at any time during the transferor's lifetime.
• This deed does not transfer any interest to the beneficiary until the transferor's death.
• The beneficiary must survive the transferor by 120 hours to take the property (unless this requirement is waived in the deed).
• The beneficiary takes the property subject to all existing conveyances, encumbrances, mortgages, liens, and other interests.
• Concurrent beneficiaries take as tenants in common in equal undivided shares unless the deed specifies otherwise.

2. TRANSFER-ON-DEATH DEED FORM {#2-deed-form}

TRANSFER-ON-DEATH DEED

Return After Recording To:
[________________________________]
[________________________________]
[________________________________]

TRANSFER-ON-DEATH DEED

This deed is exempt from the certificate-of-value filing requirement per S.D. Codified Laws § 7-9-7.

I (We), [TRANSFEROR FULL LEGAL NAME(S)] ("Transferor(s)"), of [________________________________] (address), County of [________________________________], State of South Dakota, being the owner(s) of the real property described below, hereby make this Transfer-on-Death Deed pursuant to S.D. Codified Laws §§ 29A-6-401 to 29A-6-435.

Property Description

The real property subject to this Transfer-on-Death Deed is located in the County of [________________________________], State of South Dakota, and is legally described as follows:

[________________________________]
[________________________________]
[________________________________]
[________________________________]

Common Address (if applicable): [________________________________]

Tax Parcel ID Number: [________________________________]

Beneficiary Designation

THE TRANSFER OF THIS PROPERTY TO THE DESIGNATED BENEFICIARY SHALL OCCUR AT THE DEATH OF THE TRANSFEROR(S).

I (We) designate the following beneficiary(ies) to receive the described property upon my (our) death:

Primary Beneficiary(ies):

Alternate/Successor Beneficiary(ies) (if any primary beneficiary does not survive transferor):

Survivorship Requirement

☐ The 120-hour survivorship requirement of S.D. Codified Laws § 29A-2-702 shall apply (default).
☐ The 120-hour survivorship requirement is hereby waived.

Ownership of Transferor(s)

☐ Sole owner
☐ Joint tenants with right of survivorship (TOD deed effective only upon death of last surviving joint tenant)
☐ Tenants in common (each tenant may execute a separate TOD deed for their interest)

Reservation of Rights

The Transferor(s) reserve(s) the following rights during his/her/their lifetime:

• The right to revoke this deed at any time
• The right to sell, encumber, or otherwise dispose of the property
• The right to exclusive possession, use, and benefit of the property
• All other rights incident to ownership of the property

This deed does not transfer any present interest to the beneficiary(ies). The beneficiary(ies) acquire(s) no interest in the property until the death of the Transferor(s).

Execution

IN WITNESS WHEREOF, the undersigned Transferor(s) have executed this Transfer-on-Death Deed on this [____] day of [________________], 20[____].

_________________________________________
[TRANSFEROR NAME - Print]
Signature


_________________________________________
[TRANSFEROR NAME - Print]
Signature

3. ACKNOWLEDGMENT {#3-acknowledgment}

STATE OF SOUTH DAKOTA
COUNTY OF [________________________________]

On this [____] day of [________________], 20[____], before me, the undersigned notary public, personally appeared [________________________________], known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument, and acknowledged to me that he/she/they executed the same.

_________________________________________
Notary Public
My Commission Expires: [__/__/____]

[NOTARY SEAL]

4. REVOCATION FORM {#4-revocation}

REVOCATION OF TRANSFER-ON-DEATH DEED

I (We), [TRANSFEROR FULL LEGAL NAME(S)], hereby revoke the Transfer-on-Death Deed recorded on [__/__/____] in Book/Volume [________________________________], Page [________________________________], Document Number [________________________________], in the office of the Register of Deeds of [________________________________] County, South Dakota, which designated [BENEFICIARY NAME(S)] as beneficiary(ies) of the following real property:

[________________________________]
[________________________________]
[________________________________]

This revocation is made pursuant to S.D. Codified Laws § 29A-6-412.

Executed this [____] day of [________________], 20[____].

_________________________________________
[TRANSFEROR NAME - Print]
Signature

ACKNOWLEDGMENT

STATE OF SOUTH DAKOTA
COUNTY OF [________________________________]

On this [____] day of [________________], 20[____], before me personally appeared [________________________________], known to me to be the person(s) who executed the foregoing instrument, and acknowledged that he/she/they executed the same.

_________________________________________
Notary Public
My Commission Expires: [__/__/____]

[NOTARY SEAL]

5. AFFIDAVIT OF CONFIRMATION (POST-DEATH FILING) {#5-affidavit}

AFFIDAVIT OF CONFIRMATION OF TRANSFER-ON-DEATH DEED

STATE OF SOUTH DAKOTA
COUNTY OF [________________________________]

I, [BENEFICIARY NAME], being duly sworn, state under penalty of perjury:

1. I am the designated beneficiary under the Transfer-on-Death Deed executed by [TRANSFEROR NAME] ("Transferor"), recorded on [__/__/____] in the office of the Register of Deeds of [________________________________] County, South Dakota, as Document Number [________________________________].

2. The Transferor died on [__/__/____]. A certified copy of the Transferor's death certificate is attached hereto.

3. I survived the Transferor by at least 120 hours (or the survivorship requirement was waived in the deed).

4. To the best of my knowledge, the Transfer-on-Death Deed was not revoked prior to the Transferor's death.

5. The real property described in the Transfer-on-Death Deed is legally described as:
   [________________________________]
   [________________________________]

_________________________________________
[BENEFICIARY NAME]
Affiant

Subscribed and sworn to before me this [____] day of [________________], 20[____].

_________________________________________
Notary Public
My Commission Expires: [__/__/____]

[NOTARY SEAL]

6. GUIDANCE NOTES {#6-guidance}

Joint Tenancy Property

If the property is held in joint tenancy, the TOD deed is effective only upon the death of the last surviving joint tenant. Surviving joint tenants take by right of survivorship before the TOD designation takes effect.

Creditor Claims

Beneficiaries may be liable to the transferor's creditors up to the value of the property received. Creditors generally have six months after the transferor's death to bring claims.

Department of Social Services

Special claim rules apply for the South Dakota Department of Social Services regarding Medicaid recovery.

Recording

Record the executed and notarized deed at the Register of Deeds in the county where the property is located. Failure to record before the transferor's death renders the deed ineffective.

Tax Implications

• TOD deeds are exempt from the certificate-of-value filing requirement per S.D. Codified Laws § 7-9-7.
• Beneficiaries generally receive a stepped-up tax basis at the transferor's death.
• Consult a tax professional regarding property tax and income tax implications.

7. SOURCES AND REFERENCES {#7-sources}

• S.D. Codified Laws §§ 29A-6-401 to 29A-6-435 (South Dakota Real Property Transfer on Death Act)
• S.D. Codified Laws § 29A-6-427 (Affidavit of Confirmation)
• S.D. Codified Laws § 29A-6-430 (Optional Form of Transfer on Death Deed)
• S.D. Codified Laws § 29A-2-702 (120-Hour Survivorship Requirement)
• S.D. Codified Laws § 7-9-7 (Certificate of Value Exemption)

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