How to Avoid Probate in South Dakota

Non-probate transfers available in South Dakota: (1) Transfer on death deed for real estate, recorded before death, with an affidavit of confirmation recorded after death (SDCL 29A-6-401 to 29A-6-435). (2) Joint accounts belong to the surviving party, and P.O.D. accounts pass to the P.O.D. payee (SDCL 29A-6-104). (3) Transfer-on-death registration of securities, a nontestamentary transfer (SDCL 29A-6-301 et seq., esp. 29A-6-309). (4) Transfer on death beneficiary on a vehicle or boat title with no open liens (SD Department of Revenue). (5) Small estate affidavit for personal property when the estate is $100,000 or less (SDCL 29A-3-1201). (6) Real property succession affidavit for South Dakota real estate worth $50,000 or less (SDCL 29A-3-1203). (7) Revocable living trust.

Personal property: 30 days after death, a successor may collect money owed to the decedent and the decedent's personal property (including bank accounts and securities) by affidavit if the entire estate, wherever located, less liens and encumbrances, does not exceed $100,000, no application or petition for appointment of a personal representative is pending or granted anywhere, and the decedent owes nothing to the Department of Social Services for nursing home or other institutional medical care. Real property: a separate affidavit may be filed with the register of deeds in each county where the land is located, at least 60 days after death, if the decedent's interest in all South Dakota real property is worth no more than $50,000 (non-agricultural land may be valued from the assessment rolls; agricultural land at fair market value), signed by all claiming successors and accompanied by a certified death certificate.

Yes. South Dakota has adopted the Uniform Real Property Transfer on Death Act. A transfer on death deed must contain the essential elements and formalities of a recordable deed, state that the transfer occurs at the owner's death, and be recorded with the register of deeds in the county where the property is located before the owner dies. Notice, delivery, acceptance and consideration are not required, and the deed is revocable, but only by a later recorded instrument (a new transfer on death deed, a revocation, or a deed that expressly revokes it) that is acknowledged and recorded before death. After death, the beneficiary records a sworn affidavit of confirmation with the register of deeds, with a certified death certificate and a statement that the Department of Social Services was notified of the death. The statute includes optional forms for the deed, revocation and affidavit of confirmation.