Estate Planning for Moody County, South Dakota Property Owners
For most Moody 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 Moody 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 Moody 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.
Record a Transfer-on-Death Deed in Moody County
A transfer on death deed lets an owner name a beneficiary who receives Moody County property automatically at death, without probate. It is recorded with the Register of Deedsduring the owner’s lifetime and can be revoked any time.
Where to Record Property Documents
Deeds and other real property documents for Moody County are recorded with the Register of Deeds at 101 E Pipestone Ave, Ste C, Flandreau, SD 57028. Phone: 605-997-3151.
Recording costs $30 base recording fee; $2 per additional page; TOD deeds are generally transfer-tax exempt. Page count, cover sheets, and any local transfer-tax add-ons under South Dakota law can change the final amount, so confirm the total with the Register of Deeds before submitting.
Moody County accepts e-recording through Simplifile.
Recording Office Record
Register of Deeds
Moody County
Address
101 E Pipestone Ave, Ste CFlandreau, SD 57028
Phone
E-recording
Available via SimplifileE-recording info →
Recording fees
| Base recording fee | $30 |
| Per additional page | $2 |
First fifty pages $30.00, each additional page beyond fifty $2.00. Easements (specific entities): $20 for first three pages, $2 per additional page. Non-standard documents (not 8.5 x 11 or 8.5 x 14, illegible, etc.) may still be recorded but could incur additional handling.
SDCL 7-9-15 (recording fees); SDCL 7-9-7.2 (document format requirements); SDCL 43-4-21 (real estate transfer fee); SDCL 43-4-22 (transfer fee exemptions)
Transfer tax
$0.50 per $500 of consideration (or fraction thereof), equivalent to $1.00 per $1,000 (SDCL 43-4-21). Paid by the grantor/seller.. Transfer-on-death deeds are generally exempt (No consideration is exchanged at the time of recording a TOD deed. The transfer fee under SDCL 43-4-21 applies only when consideration is given. TOD deeds do not effectuate a transfer until the owner's death (SDCL 43-4-37).). Additional exemptions under SDCL 43-4-22 include transfers between spouses, gifts, government transfers, tax deeds, court-ordered transfers, and corrections of prior conveyances.
Verified March 22, 2026 · Source
A Living Trust Covers More Than One Deed
A transfer-on-death deed moves a single property. A revocable living trust holds the home, bank and investment accounts, and other assets together, so the whole estate skips the Circuit Court — not just the house. For a Moody County family with more than one major asset, the trust is usually the cleaner plan.
Create a Revocable Trust in 15 minutes
Legal Sources
- SDCL 7-9-15 (recording fees); SDCL 7-9-7.2 (document format requirements); SDCL 43-4-21 (real estate transfer fee); SDCL 43-4-22 (transfer fee exemptions)
Data sourced from South Dakota statutes and official state code. How we research.
Frequently Asked Questions
Deeds and other real property documents for Moody County are recorded with the Register of Deeds at 101 E Pipestone Ave, Ste C, Flandreau, SD 57028. Call 605-997-3151 to confirm current recording procedures.
Recording a deed in Moody County costs $30 base recording fee; $2 per additional page; TOD deeds are generally transfer-tax exempt. Page count, required cover sheets, and any local transfer tax can change the final total.
Moody County accepts electronic recording through Simplifile. Paper recording by mail or in person is also accepted.
Contact the Register of Deeds for current recording hours. Reach the office at 605-997-3151. Confirm whether walk-in or mail-in recording is preferred before you go.
Yes. Deeds recorded in South Dakota must be signed in front of a notary before the Register of Deeds will accept them. A transfer-on-death deed follows the same execution rules — see the Moody County signing requirements.
A transfer-on-death (TOD) deed names a beneficiary who receives the property automatically when the owner dies, without probate. The deed is recorded with the Register of Deedsduring the owner’s lifetime. Start one with the South Dakota TOD deed form.
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