South Dakota transfer-on-death deed
A transfer-on-death deed lets you name who inherits your South Dakota property without probate, while you keep full control, including the power to sell or mortgage it without anyone's signature. Here is exactly what South Dakota requires, what it costs, and where to file it.
- Recording office
- Register of Deeds
- Witnesses
- Notary only
- Transfer tax
- None when recorded
- First-page margin
- 3″ top
- Recording fee
- $30 up to 50 pages
- E-recording
- Approved submitters
What a transfer-on-death deed does in South Dakota
A transfer-on-death deed (a beneficiary deed in Arizona, Arkansas, Colorado and Missouri) names the person who should receive your real estate when you die. You record it now, but it transfers nothing until death: you keep full ownership, you can sell or mortgage the property, and you can revoke the deed at any time without your beneficiary's consent. When you die, the property passes outside probate. Your beneficiaries then record the documents your state requires to show them as the owners; in a few states that filing has a deadline, or is what completes the transfer.
In South Dakota the governing statute is S.D. Codified Laws §§ 29A-6-401 to 29A-6-435.
The South Dakota law behind this deed
Start with S.D. Codified Laws §§ 29A-6-401 to 29A-6-435 if you want to read the statute's own language. The table below lists the main statutes behind the rules on this page.
| What it governs | Citation |
|---|---|
| Transfer-on-death deeds specifically | S.D. Codified Laws §§ 29A-6-401 to 29A-6-435 |
| Conveyances generally | S.D. Codified Laws § 43-25-1 |
| Recording with the Register of Deeds | S.D. Codified Laws § 43-28-1 |
| Homestead and spousal signature | S.D. Codified Laws §§ 43-31-1, 43-31-17 |
| Transfer tax | S.D. Codified Laws §§ 43-4-21 to 43-4-23 |
When South Dakota property owners use a transfer-on-death deed
- Leave a house to your children without probate
- Keep real estate out of a will contest
- Get probate avoidance without paying for a full living trust
- Name a backup beneficiary in case your first choice dies first
- Revoke or change an earlier beneficiary designation
What South Dakota requires on the deed
These are the execution and formatting rules for South Dakota deeds. A register of deeds may not refuse a deed only for a format defect unless it cannot be read or copied (S.D. Codified Laws § 7-9-15). But a deed must carry the preparer's name, address and telephone number (§ 7-9-1), and a register may not record one without the grantee's post office address (§ 7-9-7).
| Requirement | What South Dakota says |
|---|---|
| Recording office | Register of Deeds |
| Notarization | Required. Sign in front of the notary: South Dakota's Secretary of State tells notaries that a document being acknowledged must be signed in the notary's presence. |
| Witnesses | None required. A notarial acknowledgment is enough. |
| Legal description | Required, copied exactly from the prior recorded deed. A street address is not sufficient. |
| Grantee's address | Must appear on the face of the deed. |
| Return address | Include a 'when recorded, return to' block so the original comes back to you. Deedly always prints one. |
| Preparer statement | Required. Every deed must carry the words "Prepared by" followed by the preparer's name, address and telephone number (S.D. Codified Laws § 7-9-1). Deedly asks for the telephone number and prints it with the name and address at the top left of page one. |
| Prior deed reference | Not required, though it keeps the chain of title clean. |
| Page setup | 8.5 × 11 in, a 3-inch space at the top of the first page (the right half for the register of deeds, the top left for the "Prepared by" block and the return address, and the title directly below it), 1-inch margins elsewhere, nothing under 10pt. This is the profile Deedly applies. |
| Accompanying form | None when you record it (S.D. Codified Laws § 7-9-7(5)). |
| Exemption statement | Printed on the deed: "Exempt from Transfer Fee: SDCL 43-4-22(18)", as in South Dakota's statutory form (S.D. Codified Laws § 29A-6-430). |
| Timing | Must be recorded before the owner's death. Recording it afterwards has no effect. |
If you are married and this is your homestead, have your spouse sign
A South Dakota transfer on death deed must have the essential elements and formalities that South Dakota's title standards require of an ordinary deed (S.D. Codified Laws § 29A-6-408). Under those standards, a deed by a married owner that the spouse did not sign is treated as defective unless the record shows the property is not the owner's homestead (South Dakota Title Standards 5-03, 17-01). No statute or court decision says whether the homestead signing rule (§ 43-31-17) itself reaches a transfer on death deed, so Deedly prints a line for your spouse's consent when you are married and the property is your homestead. Your spouse signs only to consent as to homestead rights and does not become an owner or a transferor. Signing may cost your spouse the right to keep living in the home after your death (S.D. Codified Laws § 43-31-13) and, possibly, the elective share in this property (§ 29A-2-208).
How to complete and record it in South Dakota
- Find your current deedYou need the legal description from it, word for word. If you can't find your copy, the Register of Deeds can provide one, usually for a few dollars.
- Identify everyone by full legal nameNames must match the current deed and government ID exactly, middle names included. A mismatch creates a gap in the chain of title that shows up years later at closing.
- Complete the deedDeedly builds it with the wording, notary certificate, and 3-inch first-page margin used for South Dakota deeds.
- Sign in front of a notaryBring photo ID. Wait to sign until you are in front of the notary: you have to appear before the notary anyway, and signing there leaves no question about who signed.
- Record it with the Register of DeedsFile in the county where the property is located and pay the recording fee. Many South Dakota registers of deeds, but not all, accept e-recording through delivery agents such as Simplifile or CSC. The delivery agent charges its own subscription and per-document fees, so for a single deed recording in person or by mail is usually simpler. Keep the stamped receipt. It fixes your priority date.
- Tell your beneficiaries where it isAfter your death, a beneficiary records an affidavit of confirmation with the Register of Deeds. It is signed under oath before a notary, attaches a certified copy of your death certificate, and states that the South Dakota Department of Social Services was notified of your death (S.D. Codified Laws § 29A-6-427). The statute includes an optional form (§ 29A-6-432).
What it costs in South Dakota
| Cost | Typical amount |
|---|---|
| Recording fee | $30 for up to 50 pages and $2 for each page after that |
| Transfer tax | None when recorded |
| Notary | South Dakota sets no maximum notary fee (S.D. Codified Laws § 18-1-9, as amended in 2025). |
| Deedly | $49, one time (launch price, regular $69) |
| Attorney (for comparison) | $150–$700 for the same statutory document |
No real estate transfer fee is due on a transfer on death deed, and no Certificate of Real Estate Value (Form PT 56) is filed with it (S.D. Codified Laws § 7-9-7(5)). The deed states "Exempt from Transfer Fee: SDCL 43-4-22(18)" on its face, as South Dakota's statutory form does (§§ 43-4-23, 29A-6-430).
Where to record it in South Dakota
South Dakota deeds are recorded with the Register of Deeds in the county where the property sits, not where you live. There are 66 counties in South Dakota.
Many South Dakota registers of deeds, but not all, accept e-recording through delivery agents such as Simplifile or CSC. The delivery agent charges its own subscription and per-document fees, so for a single deed recording in person or by mail is usually simpler.
Recording offices we cover in South Dakota: Minnehaha, Pennington, Lincoln, Brown. See all South Dakota recording offices.
What a transfer-on-death deed does NOT do
Being honest about the limits is more useful than a sales pitch. Every one of these catches somebody out.
- Only 34 states plus DC recognize it. Recording one in a state that does not accept it accomplishes nothing.
- It does not clear the mortgage. Your beneficiary takes the property subject to any loan, lien, or judgment against it.
- It doesn't protect the property from your creditors, and in many states it doesn't shield the property from Medicaid estate recovery.
- The beneficiary receives no ownership interest until you die. They cannot be added as a co-owner this way.
- If a beneficiary dies before you, what happens to their share depends on state law: in some states it passes to the other beneficiaries or to the beneficiary's descendants, in others it fails. Naming an alternate, where your state's form allows one, avoids the question.
Quirks of South Dakota law that catch people out
- Page one must say "Prepared by" with the preparer's name, address and telephone number (S.D. Codified Laws § 7-9-1).
- Every deed that transfers an interest needs a Certificate of Real Estate Value (Form PT 56), except a transfer on death deed (§ 7-9-7).
- An exempt deed must say "Exempt from transfer fee" and cite the subdivision of § 43-4-22 on its face (§ 43-4-23).
- The deed must give the grantee's post office address (§ 7-9-7).
- If you are married and the property is your homestead, your spouse must sign too (§ 43-31-17).
$49, one time. Your finished deed appears in full before you pay, with South Dakota's witness rules, margins, and recording instructions already applied.
Common questions
No. South Dakota has no requirement that an attorney prepare a deed. What matters is the correct statutory language, an accurate legal description, proper notarization, and recording with the Register of Deeds. Deedly produces all of that for $49, versus roughly $150–$700 for an attorney to draft the same document. If ownership is disputed, the current owner has died without probate, or the transfer is tax-sensitive, use an attorney.
Expect $30 for up to 50 pages and $2 for each page after that. No real estate transfer fee is due on a transfer on death deed, and no Certificate of Real Estate Value (Form PT 56) is filed with it (S.D. Codified Laws § 7-9-7(5)). The deed states "Exempt from Transfer Fee: SDCL 43-4-22(18)" on its face, as South Dakota's statutory form does (§§ 43-4-23, 29A-6-430). Set by state law and the same in every county: $30 for a document of up to 50 pages, plus $2 for each page over 50 (S.D. Codified Laws § 7-9-15(1)).
No. South Dakota requires only that the grantor's signature be acknowledged before a notary public. Forms that show witness lines are usually generic templates borrowed from another state.
With the Register of Deeds in the county where the property is located, not where you live, and not where the buyer lives. South Dakota has 66 counties. Many South Dakota registers of deeds, but not all, accept e-recording through delivery agents such as Simplifile or CSC. The delivery agent charges its own subscription and per-document fees, so for a single deed recording in person or by mail is usually simpler.
Yes. Transfer-on-death deeds are revocable during your lifetime. You can record a revocation, record a new one naming different beneficiaries, or simply sell the property. You don't need your beneficiary's permission for any of it.
Yes, for this property. On your death the property passes directly to the people you named, outside probate. After your death, a beneficiary records an affidavit of confirmation with the Register of Deeds. It is signed under oath before a notary, attaches a certified copy of your death certificate, and states that the South Dakota Department of Social Services was notified of your death (S.D. Codified Laws § 29A-6-427). The statute includes an optional form (§ 29A-6-432). It doesn't avoid probate for anything else you own, it doesn't clear the mortgage, and it doesn't protect the property from your creditors.
Possibly. A South Dakota transfer on death deed must have the essential elements and formalities that South Dakota's title standards require of an ordinary deed (S.D. Codified Laws § 29A-6-408). Under those standards, a deed by a married owner that the spouse did not sign is treated as defective unless the record shows the property is not the owner's homestead (South Dakota Title Standards 5-03, 17-01). No statute or court decision says whether the homestead signing rule (§ 43-31-17) itself reaches a transfer on death deed, so Deedly prints a line for your spouse's consent when you are married and the property is your homestead. Your spouse signs only to consent as to homestead rights and does not become an owner or a transferor. Signing may cost your spouse the right to keep living in the home after your death (S.D. Codified Laws § 43-31-13) and, possibly, the elective share in this property (§ 29A-2-208). Deedly also names your spouse in the acknowledgment.
Keep reading
- South Dakota quitclaim deedTransfers whatever interest you have in a property, with no promises about the title.
- South Dakota general warranty deedTransfers ownership with the strongest title guarantees the law allows.
- South Dakota special warranty deedTransfers ownership, but only guarantees the title for the period you owned it.
- South Dakota life estate deedYou keep the right to live in the property for life; named remaindermen own it after you.
- All deed rules for South DakotaRecording offices, transfer tax, witness rules, and fees.
- South Dakota recording officesWhere to file in each county.
Deedly is not a law firm
Its software and documents are not a substitute for the advice of an attorney. We provide self-help software and state-specific deed forms; you make your own decisions about your property. Using Deedly does not create an attorney-client relationship, and nothing here is legal advice. If your situation is complex or contested, talk to a licensed attorney in your state.