Estate Planning for Day County, South Dakota Property Owners

For most Day 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.

Record a TOD deedWhere to recordLocal attorneys

For a Day 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 Day 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, Day 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.

Record a Transfer-on-Death Deed in Day County

A transfer on death deed names a beneficiary who receives Day 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.

Create a South DakotaTOD deed →Day Countysigning requirements →

Where to Record Property Documents

Deeds and other real property documents for Day County are recorded with the Register of Deeds at 711 W 1st St, Ste 202, Webster, SD 57274. Phone: 605-345-9506.

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 Day County comes to $30. A transfer on death deed is exempt from transfer tax.

Recording Office Record

Register of Deeds

Day County

Address

711 W 1st St, Ste 202Webster, SD 57274
Visit recorder website →

Recording fees

Base fee (first 50 pages)$30
Each page beyond 50$2
Transfer tax on a TOD deedExempt

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)

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Verified July 14, 2026 · Source

Estate Planning Attorneys Serving Day County

FirmMilbank, SD

Boos Jennen Law Firm, LLC

Serves 4 counties

Serves Milbank, Grant County, and the northeastern corner of the state, where George Boos has practiced for over 40 years. Handles probate — the firm appears as attorney of record on Grant County estate notices — alongside wills, estate planning, and federal income taxation. Formed in 2019 when Boos merged his practice with attorney Jennen.

PracticesEstate PlanningProbateTax PlanningWills

Office
312 South Main Street, Suite 102Milbank, SD 57252

FirmWebster, SD

Delaney, Nielsen & Sannes, P.C.

Since 1908 · Serves 4 counties

Delaney, Nielsen & Sannes is one of the oldest firms in Northeast South Dakota, established in 1908 with over 115 years of service. The firm creates wills, trusts, and estate planning documents from offices in Webster and Sisseton, and is licensed in Sisseton-Wahpeton Sioux Tribal Court, state, and federal courts.

PracticesEstate PlanningProbateTrustsWills

Office
21 West 6th AvenueWebster, SD 57274

FirmAberdeen, SD

Bantz, Gosch & Cremer, L.L.C.

Multi-attorney firm in Aberdeen serving Brown County and the northeast. Handles probate, estate planning, guardianships, and conservatorships, alongside banking law, corporate formation, personal injury, and criminal defense.

PracticesEstate PlanningTrust AdministrationProbateElder Lawand 5 more

Office
305 6th Avenue SEAberdeen, SD 57401

FirmWatertown, SD

Foley and Foley Law Office, P.C.

Since 1910

Foley and Foley Law Office is a multi-generational firm established in 1910, serving Watertown, Milbank, and Arlington, South Dakota. The firm provides representation for wills, powers of attorney, trusts, real estate transactions, and estate and trust administration.

PracticesEstate PlanningProbateConservatorshipGuardianshipand 3 more

Office
22 East Kemp Avenue, PO Box 845Watertown, SD 57201

FirmHuron, SD

Fosheim, Haberstick & Hutchinson

Multi-attorney firm in Huron serving Beadle County and the Jim River valley. Handles probates, trust and estate planning, guardianships and conservatorships, and protection of elderly and vulnerable persons, alongside real estate, land management, and business law.

PracticesEstate PlanningTrust AdministrationProbateElder Lawand 2 more

Office
303 Illinois Avenue SWHuron, SD 57350

FirmAberdeen, SD

Gellhaus & Gellhaus, P.C.

Since 1985

Serves Aberdeen, Brown County, and northeastern South Dakota. Handles probate administration, wills, living wills and health directives, durable powers of attorney, revocable and special-needs trusts, and guardianships, with farm and ranch planning for area families.

PracticesEstate PlanningProbateElder LawPowers Of Attorneyand 2 more

Office
120 South Lincoln StreetAberdeen, SD 57401
See all 13 firms serving Day County→

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.

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