What Happens to Jointly Owned Property in South Dakota When an Owner Dies?
When a joint owner dies in South Dakota, what the survivor records is the “Affidavit terminating joint tenancySDCL 7-9-7(1)Verified Oct 26, 2026View source”.
South Dakota names the “Affidavit terminating joint tenancySDCL 7-9-7(1)Verified Oct 26, 2026View source”. South Dakota records a certified copy of the joint tenant's death record with an attached affidavit giving the property's legal description. Where the spouse is the sole surviving joint tenant, the affidavit also names the deceased, the date of death and the spouseSDCL 21-44-2Verified Oct 26, 2026View source. The affidavit of death is prepared to the South Dakota statute's requirements.
Who may sign, in the statute's words: The person who records the certified death record signs the affidavit identifying the property. Where the surviving spouse is the sole surviving joint tenant, any interested person may sign the affidavitSDCL 21-44-27Verified Oct 26, 2026View source. The document is sworn before a notary public, who completes the juratSDCL 18-1-1.1(10); SDCL 21-44-2; SDCL 21-44-27Verified Oct 26, 2026View source.
What the statute has it state: the legal description of the property affected by the death; the names of the joint tenants; a prepared-by legend with the name, address and telephone number of the person who prepared the document; where the surviving spouse is the sole surviving joint tenant: the name and date of death of the deceased joint tenant; where the surviving spouse is the sole surviving joint tenant: the name of the surviving spouse; where the surviving spouse is the sole surviving joint tenant: a statement that the surviving spouse is the sole surviving joint tenant in the real propertySDCL 21-44-2Verified Oct 26, 2026View source. Attached when recorded: certified copy of the record of the death of the deceased joint tenant (a copy of the record of the death of any such joint tenant duly certified by any officer who is required by the laws of the state or county in which such record is made, to keep a record of the death of persons occurring within the jurisdiction of such officer)SDCL 21-44-2Verified Oct 26, 2026View source.
South Dakota's survivorship vesting for land is joint tenancy, created when the will or transfer expressly declares it or when a deed between spouses or to two or more grantees shows that intent. A circuit court proceeding under the same chapter can also establish the joint tenant's death and end the joint tenancySDCL 21-44-2; SDCL 21-44-27; SDCL 7-9-7(1); SDCL 43-28-8Verified Oct 26, 2026View source.
After the owner dies, a beneficiary of a South Dakota transfer on death deed records a sworn affidavit of confirmation with the register of deeds, with a certified copy of the owner's death certificate. It states that notice of the death was given to the Department of Social ServicesSDCL 29A-6-432Verified Oct 26, 2026View source.
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Learn moreForms for Settling an Estate in South Dakota
Free forms for settling an estate in South Dakota: the probate petition, small estate affidavit, notice to creditors, inventory, and closing forms.
Affidavit of Death
In South Dakota, a surviving joint owner records the “Affidavit terminating joint tenancySDCL 7-9-7(1)Verified Oct 26, 2026View source”; a transfer on death deed beneficiary records the “Affidavit of confirmationSDCL 29A-6-427Verified Oct 26, 2026View source”.
IRS Form 56
Notify the IRS that you are the fiduciary of an estate, a trust or a person, or end a notice filed before, on the official form.
Digital Assets Recovery Letter
Prepare a letter requesting a deceased person's online accounts, points, and balances from the program that holds them.
Notice to Creditors
In South Dakota, creditors have 4 monthsSDCL § 29A-3-801Verified Sep 8, 2026View source from first publication to present claims.
Renunciation of Executor
In South Dakota, a person named as personal representative may renounce the right to serveSDCL § 29A-3-203(c)Verified Sep 23, 2026View source before anyone is appointed.
Small Estate Affidavit
In South Dakota, the Small Estate AffidavitSDCL § 29A-3-1201Verified Sep 8, 2026View source covers estates valued at $100,000SDCL § 29A-3-1201Verified Sep 8, 2026View source or less, 30 daysSDCL § 29A-3-1201Verified Sep 8, 2026View source after death, presented directly to the bank or other holder, not filed with a court.
Estate Inventory
In South Dakota, the personal representative files the estate inventory within 180 daysSDCL 29A-3-706Verified Sep 15, 2026View source of appointment.
Estate Closing
In South Dakota, the personal representative is discharged automatically once the statutory period runsSDCL §§ 29A-3-1003(b), 29A-3-1005Verified Sep 15, 2026View source, and a final accounting is required unless it is waived.
Tools for Settling an Estate in South Dakota
Free tools for settling an estate in South Dakota: whether probate is needed, executor and trustee pay, creditor deadlines, and inheritance taxes.
How Many Death Certificates Do I Need?
In South Dakota, certified death certificates come from the South Dakota Department of Health - Vital RecordsSouth Dakota Department of Health - Vital RecordsVerified Oct 15, 2026View source; the first copy costs $15South Dakota Department of Health - Vital RecordsVerified Oct 15, 2026View source.
Do I Need Probate?
In South Dakota, estates valued at $100,000SDCL § 29A-3-1201Verified Sep 8, 2026View source or less skip probate with the Small Estate AffidavitSDCL § 29A-3-1201Verified Sep 8, 2026View source, 30 daysSDCL § 29A-3-1201Verified Sep 8, 2026View source after death.
Do I Have to File Tax Returns for Someone Who Died?
South Dakota has no state income tax, so only the federal final Form 1040 is due for the decedentNo enabling statute (SDCL Title 10 contains no individual income tax chapter); S.D. Const. Art. XI, §§ 2, 13, 14; SD DOR, dor.sd.gov/individuals/taxes/Verified Sep 20, 2026View source; a federal estate tax return (Form 706) is required only for estates above $15,000,00026 USC 2001(c), 2010; P.L. 119-21 §70106Verified Sep 15, 2026View source.
How Do I Settle an Estate?
Settling an estate in South Dakota: the personal representative files the estate inventory within 180 daysSDCL 29A-3-706Verified Sep 15, 2026View source of appointment; creditors have 4 monthsSDCL §§ 29A-3-801, 29A-3-803, 29A-3-805Verified Oct 19, 2026View source to present claims; a simple estate closes in 4 months to 6 months.
What Do I Do When Someone Dies?
After a death in South Dakota, the estate either qualifies for the simplified procedure for estates under $100,000SDCL § 29A-3-1201Verified Sep 8, 2026View source or goes through probate, where creditors have 4 monthsSDCL § 29A-3-801Verified Sep 8, 2026View source to file claims after notice.
How Much Are Estate & Inheritance Taxes?
South Dakota levies no estate or inheritance taxNo 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; only the federal estate tax applies above $15,000,00026 USC 2001(c), 2010; P.L. 119-21 §70106Verified Sep 15, 2026View source.
What Taxes Apply to My Inheritance?
South Dakota imposes no inheritance or estate taxNo 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; probate assets arrive when the estate closes, 4 months to 6 months for a simple estate.
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South Dakota Estate Settlement Resources
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