How Do I Record a TOD Deed in Stanley County, South Dakota?
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. In Stanley County, the Register of Deeds records it for $30 for the first 50 pages plus $2 for each page beyond 50.
No. South Dakota does not require witnesses for a TOD deedSDCL 29A-6-401 to 29A-6-435Verified Oct 19, 2026View source.
Yes. South Dakota requires notarization for a TOD deed to be validSDCL 29A-6-401 to 29A-6-435Verified Oct 19, 2026View source.
Yes. A TOD deed can be executed entirely remotely in South Dakota: the signing happens in a live video session with an online notary, with no witnesses in the sessionSDCL § 18-1-11.2Verified Sep 9, 2026View source.
To execute a TOD deed in South Dakota: Schedule a notary appointment (in-person or online via RON). Record the deed before death with the Register of Deeds. Include a legal description of the property. Sign remotely in a live video session with an online notary
No. A TOD deed works by being recorded against a specific parcel, so the deed must be a South Dakota TOD deed recorded in the South Dakota county where the property sits. A TOD deed signed in another state cannot transfer South Dakota real property, however it was executed; real estate in more than one state needs a deed for each parcel. The South Dakota document portability tool carries the recognition rule by document type.
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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.
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.
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.
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.
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.
Trust or Will: Which Costs Less?
In South Dakota, a will-based plan pays probate attorney fees of typically 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; a funded revocable trust keeps those assets out of probate and off that fee.
How Much Does a Revocable Living Trust Cost?
An attorney-prepared revocable living 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 for an individual, against $0 to $549 up front plus a subscription with an online service.
How Much Does a Will Cost?
An attorney-prepared will in South Dakota runs $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 $299 up front with an online service, and probate on a $500,000 estate adds about $23,735SDCL § 29A-3-719(a) (reasonable compensation; no statutory percentage for attorneys)Verified Sep 8, 2026View source.
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How Do I Name a Guardian for My Minor Children?
In South Dakota, a parent names a guardian for a minor child in a will or a separate signed writingSDCL 29A-5-202Verified Sep 16, 2026View source, and the nomination covers the child until the age of majority, 18SDCL 26-1-1Verified Sep 16, 2026View source.
Do I Need a Revocable Trust?
Probate in South Dakota takes 4 months to 6 months for a simple estate and charges attorney fees of typically 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; assets held in a revocable trust skip both.
How Do I Avoid Probate?
In South Dakota, a home with a transfer on death deedSDCL 29A-6-401 to 29A-6-435Verified Oct 17, 2026View source, a payable on death accountSDCL § 29A-6-104(2)(b)Verified Nov 1, 2026View source, life insuranceSDCL § 29A-6-113(a)Verified Nov 1, 2026View source with a named beneficiary and a vehicle with a transfer on death designationSDCL 32-3-80 to 32-3-84Verified Oct 21, 2026View source pass outside probate, as does property in a revocable trust; what is left is the probate estate.
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South Dakota Estate Planning Resources
In-depth guides covering South Dakota probate laws, trust requirements, and estate planning strategies.