South Dakota Codified Laws
Chapter 06 - Non-Probate Transfers
Section 29A-6-402 - Definitions.

29A-6-402. Definitions.
Terms used in this part mean:
(1)"Beneficiary," a person who receives property under a transfer on death deed;
(2)"Designated beneficiary," a person designated to receive property in a transfer on death deed;
(3)"Joint owner," any individual who owns property concurrently with one or more other individuals with a right of survivorship. The term includes a joint tenant with a right of survivorship. The term does not include a tenant in common;
(4)"Person," an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government or governmental subdivision, agency, or instrumentality, or any other legal or commercial entity;
(5)"Property," an interest in real property located in this state which is transferable on the death of the owner;
(6)"Transfer on a death deed," a document authorized under this part and is considered a governing instrument as defined by subdivision 29A-1-201(19);
(7)"Transferor," any individual who makes a transfer on a death deed.

Source: SL 2014, ch 133, ยง2.

Structure South Dakota Codified Laws

South Dakota Codified Laws

Title 29A - Uniform Probate Code

Chapter 06 - Non-Probate Transfers

Section 29A-6-101 - Definition of terms.

Section 29A-6-102 - Application to controversies between parties and between parties and P.O.D.

Section 29A-6-103 - Ownership of joint account, P.O.D.

Section 29A-6-104 - Rights of survivorship upon death of party to joint account, P.O.D.

Section 29A-6-105 - Rights of survivorship determined by form of account at death of party--Alteration of form.

Section 29A-6-106 - Effectiveness of transfers--Not considered testamentary.

Section 29A-6-107 - Payment to surviving party from multiple-party account--Liability for debts and expenses of administration--Procedure--Liability of financial institution.

Section 29A-6-108 - Financial institution as party to multiple-party accounts.

Section 29A-6-109 - Payments from joint account to party, personal representative or heirs.

Section 29A-6-110 - Payment from trust account to trustee, personal representative, heirs or beneficiary.

Section 29A-6-111 - Financial institution discharged from claims--Exception where notice given.

Section 29A-6-112 - Right of financial institution to setoff--Amount.

Section 29A-6-113 - Provisions deemed nontestamentary--Rights of creditors not limited.

Section 29A-6-114 - Payment of P.O.D.

Section 29A-6-301 - Definitions.

Section 29A-6-302 - Registration in beneficiary form--Sale or joint tenancy ownership.

Section 29A-6-303 - Registration in beneficiary form--Applicable law.

Section 29A-6-304 - Origination of registration in beneficiary form.

Section 29A-6-305 - Form of registration in beneficiary form.

Section 29A-6-306 - Effect of registration in beneficiary form.

Section 29A-6-307 - Ownership on death of owner.

Section 29A-6-308 - Protection of registering entity.

Section 29A-6-309 - Nontestamentary transfer on death.

Section 29A-6-310 - Terms, conditions, and forms for registration.

Section 29A-6-311 - Application of part.

Section 29A-6-401 - Short title.

Section 29A-6-402 - Definitions.

Section 29A-6-403 - Transfer on death deed authorized.

Section 29A-6-404 - Nonexclusivity.

Section 29A-6-405 - Transfer on death deed revocable.

Section 29A-6-406 - Transfer on death deed nontestamentary.

Section 29A-6-407 - Capacity of transferor.

Section 29A-6-408 - Requirements.

Section 29A-6-409 - Notice, delivery, acceptance, consideration not required.

Section 29A-6-410 - Revocation by instrument authorized.

Section 29A-6-411 - Revocation by more than one transferor.

Section 29A-6-412 - Revocation by act not permitted.

Section 29A-6-413 - Effect of inter vivos transfer not limited.

Section 29A-6-414 - Effect of transfer on death deed during transferor's life.

Section 29A-6-415 - Effect of transfer on death deed at transferor's death.

Section 29A-6-416 - Beneficiary takes property subject to all interests present at transferor's death.

Section 29A-6-417 - Effect of transfer on death deed when transferor is joint owner.

Section 29A-6-418 - Transfer on death deed transfers property without covenant or warranty of title.

Section 29A-6-419 - Disclaimer.

Section 29A-6-420 - Liability for debts and obligations of deceased transferor.

Section 29A-6-421 - Action by creditor or personal representative against beneficiary--Time limitations.

Section 29A-6-422 - Proof of insufficient other property to satisfy debts and obligations--Presumption.

Section 29A-6-423 - Limitation of beneficiary liability.

Section 29A-6-424 - More than one transfer on death deed at time of death--Beneficiaries jointly and severally liable to creditors.

Section 29A-6-425 - Purchaser for value or lender acquiring security interest in property takes property free of claims.

Section 29A-6-426 - Agent may not modify beneficiary designation unless authorized.

Section 29A-6-427 - Recording of transfer of deceased owner's property--Affidavit of confirmation.

Section 29A-6-428 - Index reference in the record of deeds.

Section 29A-6-429 - Falsification of affidavit of confirmation.

Section 29A-6-430 - Optional form of transfer on death deed.

Section 29A-6-431 - Optional form of revocation.

Section 29A-6-432 - Optional form of affidavit of confirmation.

Section 29A-6-433 - Uniformity of application and construction.

Section 29A-6-434 - Relation to Electronic Signatures in Global and National Commerce Act.

Section 29A-6-435 - Applicability of chapter.