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 May 27, 2026
Yes, notarization is required for a tod deed to be valid in South Dakota.SDCL 29A-6-401 to 29A-6-435Verified May 27, 2026
South Dakota allows Remote Online Notarization (RON) for tod deeds.SDCL 29A-6-401 to 29A-6-435Verified May 27, 2026 The notarization can be completed via secure video call with an approved RON provider, without meeting in person. The state also accepts out-of-state RON.
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. Wet signature and physical recording required
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.
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South Dakota Estate Planning Resources
In-depth guides covering South Dakota probate laws, trust requirements, and estate planning strategies.
