Free South Dakota Transfer on Death Deed

In South Dakota, a transfer on death deed is signed before a notary, then recorded with the county before the owner's death.

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Owner Information

Enter your information as the property owner (transferor). If the property is jointly owned, you’ll add the second owner below.

How is the property owned?*

Choose “Jointly owned” if two people are on the title (e.g. spouses as joint tenants or tenants by the entirety). Both owners must sign.

I am the sole ownerJointly owned with one other person

First Name*

Middle Name

Last Name*

Street Address*

City*

State*

ZIP Code*

State Where Property Is Located*

County Where Property Is Located*

Email Address*

Phone Number*

Marital Status*

South Dakota law requires spousal joinder for certain property. Marital status determines whether a spouse consent section is included for this owner.

SingleMarriedDivorcedWidowed

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South Dakota provides a statutory form, and a deed in substantially that form is accepted. The deed must state that the transfer to the designated beneficiary is to occur at the transferor's death.

A South Dakota transfer on death deed is recorded with the Register of Deeds for the county where the property sits and must be on record before the owner's death to take effect. The deed must be recorded in the office of the register of deeds in the county where the property is located before the transferor's death. SDCL 29A-6-408(3).

Co-owners may sign one deed together. South Dakota offers a spouse's joinder signature because the effect of one spouse signing alone is unsettled; the document carries the signature line and a notice of the point.

South Dakota passes the share of a beneficiary who dies before the owner to that beneficiary's descendants under its antilapse rule. The deed can name a successor beneficiary to take in that case. A beneficiary must survive the owner by one hundred twenty hours; the interest of a beneficiary who does not lapses (SDCL 29A-6-415(2)).

The beneficiary takes the property subject to the mortgages, liens and other encumbrances on it at death. During your life a transfer on death deed does not affect your or the designated beneficiary's eligibility for any form of public assistance (SDCL 29A-6-414(4)). After death is different. The deed moves this parcel alone; a revocable living trust set up with SimplyTrust carries the rest of the estate.

South Dakota Transfer on Death Deed

South Dakota allows transfer on death deeds, which transfer real property directly to a named beneficiary at death without probate. The deed is revocable during the owner's lifetime and does not affect the ability to sell, mortgage, or otherwise use the property.

Probate in South Dakota takes at least 4 months for simple estates. A TOD deed eliminates probate for the property it covers, regardless of value. For estates under $100,000, simplified procedures exist, but they still involve court paperwork. Compare the costs with the South Dakota probate calculator.

A TOD deed covers only real property and requires a separate deed for each parcel. A revocable trust covers all asset types in a single document and avoids probate for everything it holds. For families with multiple assets beyond real estate, the trust vs. will comparison shows the trade-offs.

SimplyTrust Editorial·Updated October 17, 2026

Legal Sources

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

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Free South Dakota Transfer on Death Deed

In South Dakota, a transfer on death deed is signed before a notary, then recorded with the county before the owner's death.

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South Dakota Transfer on Death Deed

Free South Dakota Transfer on Death Deed

Owner Information

Is this your situation?

New Home

Retirement

Forms for Planning Your Estate in South Dakota

Healthcare Power of Attorney

Financial Power of Attorney

Vehicle Transfer on Death

Living Will

Last Will and Testament

Tools for Planning Your Estate in South Dakota

Do I Need a TOD Deed?

Do I Need a Vehicle TOD?

What Does Estate Planning Actually Cost?

How Much Life Insurance Do I Need?

Are My Beneficiary Designations Protected?

How Do I Sign Estate Documents?

Will My Estate Documents Transfer?

How Much Does Probate Cost?

When you're ready, we're here.

South Dakota Estate Planning Resources

Free South Dakota Transfer on Death Deed

Owner Information