A transfer on death deed must:

(1) Except as otherwise provided in subdivision (2), contain the essential elements and formalities of a properly recordable inter vivos deed as required by the standards of title;

Ask a will, trust or estate question, get an answer ASAP!
Thousands of highly rated, verified estate & trust lawyers.
Click here to chat with a lawyer about your rights.

Terms Used In South Dakota Codified Laws 29A-6-408

  • Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
  • Deed: The legal instrument used to transfer title in real property from one person to another.
  • Inter vivos: Transfer of property from one living person to another living person.
  • Property: includes property, real and personal. See South Dakota Codified Laws 2-14-2

(2) State that the transfer to the designated beneficiary is to occur at the transferor’s death; and

(3) 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.

Source: SL 2014, ch 133, § 8.