Free South Dakota Affidavit of Death

In South Dakota, a surviving joint owner records the “Affidavit terminating joint tenancy”; a transfer on death deed beneficiary records the “Affidavit of confirmation”.

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Who may sign in South Dakota: The person who records the certified death record signs the affidavit identifying the property. Where the surviving spouse is the sole surviving joint tenant, any interested person may sign the affidavit.

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The state whose land records the affidavit is recorded in. Only states where this tool prepares the affidavit are listed.

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Joint ownership with right of survivorshipTransfer on death deed

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The “Affidavit terminating joint tenancy”: South Dakota records a certified copy of the joint tenant's death record with an attached affidavit giving the property's legal description. Where the spouse is the sole surviving joint tenant, the affidavit also names the deceased, the date of death and the spouse. A surviving joint owner records it with the county recording office, and the prepared document is laid out for recording.

Who may sign, in the statute's words: The person who records the certified death record signs the affidavit identifying the property. Where the surviving spouse is the sole surviving joint tenant, any interested person may sign the affidavit. The affidavit is sworn before a notary public, who completes the jurat. South Dakota's recording law requires an acknowledgment on a recorded instrument, so the document carries the acknowledgment certificate beside the jurat.

It states: the legal description of the property affected by the death; the names of the joint tenants; a prepared-by legend with the name, address and telephone number of the person who prepared the document; where the surviving spouse is the sole surviving joint tenant: the name and date of death of the deceased joint tenant; where the surviving spouse is the sole surviving joint tenant: the name of the surviving spouse; where the surviving spouse is the sole surviving joint tenant: a statement that the surviving spouse is the sole surviving joint tenant in the real property. Attached when recorded: certified copy of the record of the death of the deceased joint tenant (a copy of the record of the death of any such joint tenant duly certified by any officer who is required by the laws of the state or county in which such record is made, to keep a record of the death of persons occurring within the jurisdiction of such officer).

Recording is not a condition of the transfer: title passed at the death under the instrument.

The “Affidavit of confirmation”: After the owner dies, a beneficiary of a South Dakota transfer on death deed records a sworn affidavit of confirmation with the register of deeds, with a certified copy of the owner's death certificate. It states that notice of the death was given to the Department of Social Services. Who signs: Any designated beneficiary to whom the transfer is made. The document is prepared on that basis as well.

The Affidavit of Death in South Dakota

When a joint owner dies in South Dakota, the land records still show the deceased owner. What a surviving joint owner records: the “Affidavit terminating joint tenancy”. What it does: South Dakota records a certified copy of the joint tenant's death record with an attached affidavit giving the property's legal description. Where the spouse is the sole surviving joint tenant, the affidavit also names the deceased, the date of death and the spouse. It goes to the county recording office.

What the statute has it state: the legal description of the property affected by the death; the names of the joint tenants; a prepared-by legend with the name, address and telephone number of the person who prepared the document, and 3 more.

Attached when recorded: certified copy of the record of the death of the deceased joint tenant (a copy of the record of the death of any such joint tenant duly certified by any officer who is required by the laws of the state or county in which such record is made, to keep a record of the death of persons occurring within the jurisdiction of such officer).

Recording is not a condition of the transfer; title passed at the death under the instrument, and the affidavit puts the death on the record.

A transfer on death deed beneficiary records the “Affidavit of confirmation”: After the owner dies, a beneficiary of a South Dakota transfer on death deed records a sworn affidavit of confirmation with the register of deeds, with a certified copy of the owner's death certificate. It states that notice of the death was given to the Department of Social Services. The document is prepared on that basis as well.

SimplyTrust Editorial·Updated October 26, 2026

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Data sourced from South Dakota statutes and official state code. How we research.

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Free South Dakota Affidavit of Death

In South Dakota, a surviving joint owner records the “Affidavit terminating joint tenancy”; a transfer on death deed beneficiary records the “Affidavit of confirmation”.

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The Affidavit of Death in South Dakota

Recording is not a condition of the transfer; title passed at the death under the instrument, and the affidavit puts the death on the record.

Free South Dakota Affidavit of Death

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Is this your situation?

Loss of a Spouse

Death of a Parent

Named as Executor

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Hire a South Dakota Probate Attorney

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Free South Dakota Affidavit of Death

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