South Dakota Codified Laws
Chapter 06 - Non-Probate Transfers
Section 29A-6-430 - Optional form of transfer on death deed.

29A-6-430. Optional form of transfer on death deed.
The following form may be used to create a transfer on death deed. The provisions of this part govern the effect of this or any other instrument used to create a transfer on death deed.
REVOCABLE TRANSFER ON DEATH DEED
Notice to Owner: This deed will transfer ownership of the property described below when you die. You should carefully read all of the information on this form. You should consult a lawyer before using this form.
This form must be recorded with the register of deeds before your death or it will not be effective. Any change to this deed must also be recorded to be effective.
Identifying Information
Owner(s) of Property Who Join in This Deed:
___________________________________________________________
___________________________________________________________
Address:
Marital Status of Owner(s):
Legal Description of Property:
__________
__________
__________
Beneficiary or Beneficiaries
I revoke all my prior transfer on death deeds concerning the property, and name the following beneficiary(ies) to receive the property (in equal shares, and as tenants in common, and not as joint tenants with rights of survivorship, unless I say otherwise):
Name and address of Beneficiary(ies)
___________________________________________________________
This transfer is ____ / is not______ subject to the requirement that the named beneficiary survive me by one hundred twenty hours.
Name and address of Contingent Beneficiary(ies)
___________________________________________________________
If no primary beneficiary survives me, I name the following contingent beneficiary(ies) to receive the property (in equal shares, and as tenants in common, and not as joint tenants with rights of survivorship, unless I say otherwise):
___________________________________________________________
___________________________________________________________
___________________________________________________________
Transfer on Death
I hereby convey and transfer upon my death all my interests (whether now owned or hereafter acquired) in the described property to the above listed beneficiary(ies).
Before my death, I may revoke this deed, or any part of this deed.
Exempt from Transfer Fee: §43-4-22(18)
Signature(s) of Owner(s) Who Join in this Deed

________________________________________
(signature)(date)

________________________________________
(signature)(date)
Acknowledgment
(acknowledgment)

Source: SL 2014, ch 133, §30.

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.