Do I Need a TOD Deed in Custer County, South Dakota?
South Dakota authorizes transfer on death deedsSDCL 29A-6-401 to 29A-6-435Verified Oct 17, 2026View source; in Custer County the Register of Deeds records one for $30 for the first 50 pages plus $2 for each page beyond 50.
The Register of Deeds charges $30 for the first 50 pages plus $2 for each page beyond 50. Most transfer on death deeds run two to four pages. Transfer on death deeds are exempt from transfer tax in Custer County.
Record the transfer on death deed at the Register of Deeds, 420 Mt Rushmore Road, Custer, SD 57730. Office hours: Monday-Friday 8:00 AM-5:00 PM (closed on holidays).
Yes. Custer County accepts e-recording through Simplifile, CSC and Indecomm. The office's e-recording portal carries the details.
A transfer on death deed in South Dakota requires notary acknowledgmentSDCL 29A-6-401 to 29A-6-435Verified Oct 19, 2026View source before it can be recorded in Custer County.
No. A transfer on death deed transfers only the property described in it. Bank accounts, vehicles and other real estate pass through a will (probate) or a trust. When a single deed is not enough, SimplyTrust sets up a revocable trust online that covers every property and account in one document.
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New Baby or Adoption
Your family is growing. Your protection should too. Guardian nominations, trusts for minors, beneficiary updates, and the documents new parents need in place.
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Marriage
What married couples need in place: one joint trust or two, wills, beneficiary updates, and the spousal rights your state grants you automatically.
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New Home
How to put your house in a revocable trust: the deed you record, what it does to your mortgage and property taxes, and when a TOD deed is simpler.
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Retirement
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Learn moreForms for Planning Your Estate in South Dakota
Free forms for planning your estate in South Dakota: will, living trust, pour-over will, powers of attorney and TOD deed. Prepare each form for South Dakota.
Healthcare Power of Attorney
South Dakota allows a choice for a healthcare power of attorney: 2SDCL § 34-12D-3 (living will form; no statutory healthcare proxy form)Verified Oct 15, 2026View source witnesses or a notary.
HIPAA Release
In South Dakota, a HIPAA release names who may receive your records; the state regulates mental health recordsSDCL § 27A-12-26 (SL 1975, ch 181, § 11; SL 1991, ch 220, §§ 228, 229; SL 1993, ch 213, § 126)Verified Jun 19, 2026View source above the federal rule, and the document carries each rule.
Financial Power of Attorney
South Dakota requires explicit durability language for a power of attorney to survive incapacitySDCL § 59-12-3, § 59-12-4, § 59-12-5, § 59-12-6, § 59-12-8, § 59-12-23, § 59-12-41Verified Oct 21, 2026View source, and it is signed before a notarySDCL § 59-12-3, § 59-12-4, § 59-12-5, § 59-12-6, § 59-12-8, § 59-12-23, § 59-12-41Verified Sep 20, 2026View source.
Transfer on Death Deed
In South Dakota, a transfer on death deed is signed before a notarySDCL 29A-6-401 to 29A-6-435Verified Oct 19, 2026View source, then recorded with the county before the owner's deathSDCL 29A-6-401 to 29A-6-435Verified Oct 19, 2026View source. South Dakota does not recognize a Lady Bird deed.
Vehicle Transfer on Death
South Dakota allows a transfer-on-death beneficiary designation on a vehicle titleSDCL 32-3-80 to 32-3-84Verified Oct 21, 2026View source, filed through the South Dakota Department of Revenue, Division of Motor Vehicles (applications filed at the county treasurer's office) using Form 1001.
Living Will
In South Dakota, the living will is the Living Will DeclarationS.D. Codified Laws ch. 34-12D (§§ 34-12D-1 to 34-12D-22)Verified Sep 27, 2026View source, a document of its own, apart from the healthcare power of attorney.
Last Will and Testament
In South Dakota, a will is signed before 2SDCL 29A-2-502Verified Oct 19, 2026View source witnesses, and a self-proving affidavit signed with it lets the court admit it without witness testimonySDCL 29A-2-502Verified Oct 19, 2026View source.
Codicil to a Will
In South Dakota, a codicil is signed before 2SDCL 29A-2-502Verified Oct 19, 2026View source witnesses, like a will, and the self-proving affidavit signed with it lets the court admit it without witness testimonySDCL 29A-2-504Verified Oct 25, 2026View source.
Tools for Planning Your Estate in South Dakota
Free tools for planning your estate in South Dakota: will and trust costs, trust or TOD deed, and the signing rules. Run each tool for South Dakota.
Do I Need a Vehicle TOD?
South Dakota allows a transfer-on-death beneficiary designation on a vehicle titleSDCL 32-3-80 to 32-3-84Verified Oct 21, 2026View source, filed through the South Dakota Department of Revenue, Division of Motor Vehicles (applications filed at the county treasurer's office) using Form 1001.
How Much Is the Federal Gift Tax?
Whether a gift owes federal gift tax, how much of the annual exclusion and lifetime exemption it uses, and whether Form 709 is due.
What Does Estate Planning Actually Cost?
An attorney-prepared revocable trust in South Dakota runs $3,580Estimate: 10 hours at $358, Clio's South Dakota Trusts rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source to $5,370Estimate: 15 hours at $358, Clio's South Dakota Trusts rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source and a simple will $933Estimate: 3 hours at $311, Clio's South Dakota Wills and Estates rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source to $1,866Estimate: 6 hours at $311, Clio's South Dakota Wills and Estates rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source, against $0 to $549 up front plus a subscription with an online service.
How Much Life Insurance Do I Need?
In South Dakota, four years at a public university cost about $69,440NCES Digest of Education Statistics 2023, Table 330.20, public 4-year in-state tuition, fees, room and board, academic year 2022-23Verified Oct 17, 2026View source and the cost of living is 11% below the U.S. averageBEA Regional Price Parities, all items, by state, 2024Verified Oct 17, 2026View source; no state estate or inheritance tax appliesNo state estate or inheritance tax. Inheritance tax constitutionally prohibited (S.D. Const. Art. XI, § 15, initiated measure approved Nov. 7, 2000, eff. July 1, 2001: "No tax may be levied on any inheritance, and the Legislature may not enact any law imposing such a tax."). Both the inheritance tax (SDCL ch. 10-40, ch. 10-41) and the estate tax (SDCL ch. 10-40A) were repealed outright by 2014 SL ch. 59 (HB 1057), signed February 12, 2014 — a true repeal, leaving no dormant levy. SD DOR: "South Dakota does not have an inheritance tax... There is also no estate tax."Verified Sep 15, 2026View source.
Are My Beneficiary Designations Protected?
South Dakota automatically revokes an ex-spouse as beneficiary at divorceSDCL § 29A-2-804; § 29A-1-201Verified Sep 15, 2026View source; employer plans under ERISA follow federal rules either way, so a 401(k) beneficiary changes only by a new designation.
How Do I Sign Estate Documents?
In South Dakota, a will is signed before 2SDCL 29A-2-502Verified Oct 19, 2026View source witnesses, and notarization is not requiredSDCL 29A-2-502Verified Oct 19, 2026View source.
Will My Estate Documents Transfer?
South Dakota recognizes a will signed under the law of the place where it was signedSDCL 29A-2-506Verified Oct 19, 2026View source; a will signed in South Dakota itself needs 2SDCL 29A-2-502Verified Oct 19, 2026View source witnesses, and notarization is not requiredSDCL 29A-2-502Verified Oct 19, 2026View source.
How Much Does Probate Cost?
Probate on a $500,000 estate in South Dakota costs an estimated $23,735SDCL § 29A-3-719(a) (reasonable compensation; no statutory percentage for attorneys)Verified Sep 8, 2026View source. Attorney fees run 1.8%Modeled estimate under SDCL § 29A-3-719(a) (reasonable compensation; no statutory percentage for attorneys): the hours the statutory fee schedules imply, at the state's surveyed hourly rateVerified Sep 8, 2026View source to 2.8%Modeled estimate under SDCL § 29A-3-719(a) (reasonable compensation; no statutory percentage for attorneys): the hours the statutory fee schedules imply, at the state's surveyed hourly rateVerified Sep 8, 2026View source of the estate under a reasonable-compensation standard.
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South Dakota Estate Planning Resources
In-depth guides covering South Dakota probate laws, trust requirements, and estate planning strategies.