What Do I Need to Sign My TOD Deed in South Dakota?

Witness, notary, and remote online notarization (RON) requirements for TOD deeds in South Dakota.

Frequently Asked Questions

South Dakota does not require witnesses for a tod deed.SDCL 29A-6-401 to 29A-6-435Verified Jul 13, 2026

Yes, notarization is required for a tod deed to be valid in South Dakota.SDCL 29A-6-401 to 29A-6-435Verified Jul 13, 2026

Yes. A TOD deed can be executed entirely remotely in South Dakotathe signing happens in a live video session with an online notary (SDCL § 29A-6-408). No witnesses are needed in the session.SDCL 29A-6-401 to 29A-6-435Verified Jul 13, 2026

To execute a tod deed in South Dakota: Schedule a notary appointment (in-person or online via RON). Record the deed with the county recorder before death. Include a legal description of the property. Sign remotely in a live video session with an online notary

No. TOD deeds work by being recorded against a specific parcel of real estate, so the deed must be a South Dakota TOD deed recorded with the South Dakota county where the property sits. A TOD deed signed in another state cannot transfer South Dakota real property, regardless of how it was executed. If you own real estate in more than one state, each parcel needs its own state-appropriate TOD deed. See the document portability tool for the full breakdown.

South Dakota Estate Planning Resources

In-depth guides covering South Dakota probate laws, trust requirements, and estate planning strategies.