For most Brookings County homeowners, the house is what drags an estate into probate. A transfer-on-death deed or a living trust keeps it out—here is how to set up either one and record it locally.
For a Brookings County property owner, the biggest probate risk is the home itself. Real estate is what forces most families into the Circuit Court. The two tools that keep a Brookings County home out of probate are a transfer-on-death deed recorded with the Register of Deeds, and a revocable living trust that holds title to the property.
Without a recorded beneficiary designation or a trust, Brookings County property passes through the Circuit Court — even simple South Dakota probates run 4+ months and start with $122 in filing fees. South Dakota also lets owners name a transfer-on-death beneficiary on vehicle titles, which keeps cars out of the same process.
A transfer on death deed names a beneficiary who receives Brookings County property automatically at the owner's death, without probate. It is recorded with the Register of Deeds during the owner's lifetime and can be revoked at any time.
Before recording, a South Dakota transfer on death deed is signed with notary acknowledgmentSDCL 29A-6-401 to 29A-6-435Verified Aug 24, 2026View source. The deed takes effect only if it is recorded before the owner's deathSDCL 29A-6-401 to 29A-6-435Verified Aug 24, 2026View source.
Deeds and other real property documents for Brookings County are recorded with the Register of Deeds at 520 3rd St, Ste 120, Brookings, SD 57006. Phone: 605-696-8240. Hours: Monday-Friday 8:00 a.m. - 5:00 p.m.
The Register of Deeds charges $30 for the first 50 pages plus $2 for each page beyond 50. Recording a 2-page transfer on death deed in Brookings County comes to $30. A transfer on death deed is exempt from transfer tax.
Recording Office Record
Brookings County
Address
Phone
Fax
Hours
Recording fees
| Base fee (first 50 pages) | $30 |
| Each page beyond 50 | $2 |
| Transfer tax on a TOD deed | Exempt |
SDCL 7-9-15 (recording fees); SDCL 7-9-7 (certificate of value; TOD deeds exempt under subd. (5)); SDCL 43-28-23 (document format standards); SDCL 43-4-21 (real estate transfer fee); SDCL 43-4-22 (transfer fee exemptions)
Verified September 8, 2026 · Source
FirmBrookings, SD
Eight attorneys serving Brookings and Watertown across the Third Circuit. Handles probate and trust administration, estate planning, wills and trusts, and business succession, alongside real estate and business law.
PracticesEstate PlanningTrust AdministrationProbateBusiness Successionand 2 more
FirmBrookings, SD
Serves Brookings and eastern South Dakota. Handles probate administration, will and trust preparation, guardianships and conservatorships, and estate tax minimization, along with business succession planning. Consultations are free.
PracticesEstate PlanningProbateElder LawTax Planningand 3 more
FirmSioux Falls, SD
Sioux Falls firm practicing since 1887, with offices in Brookings and northwest Iowa. Handles trust administration and probate, wills and trusts, estate tax and charitable planning, and asset protection, plus business succession. Also admitted in Iowa and Minnesota for estates with property across the border.
PracticesEstate PlanningTrust AdministrationProbateTax Planningand 3 more
FirmSioux Falls, SD
South Dakota's oldest law firm, practicing in Sioux Falls since 1878. Handles probate and trust administration, guardianships and conservatorships, contested estate matters, and special-needs and charitable planning for families settling an estate.
PracticesEstate PlanningTrust AdministrationProbateProbate Litigationand 5 more
FirmSioux Falls, SD
Sioux Falls firm practicing in South Dakota since 1894. Handles probate, estate planning, trust creation and updates, asset preservation, and wills, alongside real estate and business organization. Intentionally small, so clients work directly with their attorney; initial consultations are free.
PracticesEstate PlanningProbateAsset ProtectionBusiness Successionand 2 more
FirmSioux Falls, SD
Sioux Falls firm with the region's largest trust company and trust administration practice. Handles probate and trust administration, wills and powers of attorney, South Dakota trust formation, and trust modification, decanting, and reformation, plus estate tax and charitable planning. Members of the South Dakota Trust Association.
PracticesEstate PlanningTrust AdministrationProbateTax Planningand 2 more
Firm listings are for informational purposes only. SimplyTrust does not endorse or recommend any specific firm or attorney. Contact firms directly to verify their current practice areas and availability.
Data sourced from South Dakota statutes and official state code. How we research.
Estate planning articles for South Dakota.
Forms and tools for property owners in Brookings County.
Create a revocable living trust to avoid probate, protect privacy, and control asset distribution.
Create a free, state-specific will with witness and notarization requirements included.
Transfer assets to your existing trust. State execution requirements included.
Transfer real property to a beneficiary upon your death without probate.
Designate someone to make medical decisions on your behalf.
Designate someone to manage your financial affairs.
Answer questions about your estate size, real estate ownership, marital status, and family situation to see how a revocable trust compares to a will alone. Includes estimated probate costs for your state.
Answer questions about your property type, ownership structure, and estate plan to see if a TOD deed is the right approach. Includes state-specific availability, signing requirements, and recording fees.
Compare trusts vs wills for your specific situation. See probate costs, trust administration expenses, and whether your estate qualifies for simplified procedures based on your state and estate value.
Find out who inherits your estate and how much they get if you die without a will. Based on your state's intestate succession laws.
Compare the cost of creating a revocable living trust. See how SimplyTrust, Trust & Will, LegalZoom, and attorneys compare over 5 years including life events.
Estate planning articles for South Dakota.
