Revocable Living Trusts in South Dakota
How revocable living trusts work under South Dakota law and the other ways to pass property without probate.
Short answer: South Dakota has not adopted the Uniform Trust Code; trusts are governed by its own statutes in SDCL Title 55. SDCL 55-1-4; SDCL 55-4-57
| Revocable living trust | South Dakota has not adopted the Uniform Trust Code; trusts are governed by its own statutes in SDCL Title 55. An express trust is created by words or acts of the trustor indicating with reasonable certainty an intention to create a trust and its subject, purpose and beneficiary, and any express trust concerning real property must also be evidenced in writing. A lawsuit contesting whether a revocable trust (or amendment) was validly created generally must be brought within one year after the settlor's death, or sooner after the trustee sends notice. Property transferred into the trust passes under its terms without probate; property left in the decedent's own name may still need probate or a small estate affidavit. Contest deadline: https://sdlegislature.gov/api/Statutes/55-4-57.html?all=true Source: SDCL 55-1-4; SDCL 55-4-57 |
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| Ways to avoid probate | 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. TOD securities: https://sdlegislature.gov/api/Statutes/29A-6-309.html?all=true; TOD deed: https://sdlegislature.gov/api/Statutes/29A-6-408.html?all=true |
More South Dakota estate law
- Medical Power of Attorney in South Dakota
- Small Estate Affidavit in South Dakota
- Power of Attorney in South Dakota
- Quitclaim Deeds and Transferring Property in South Dakota
- Who Inherits If You Die Without a Will in South Dakota
- How to Make a Valid Will in South Dakota
- How Probate Works in South Dakota
- Living Wills and Advance Directives in South Dakota
- Executor Duties in South Dakota
- Letters Testamentary in South Dakota
- Affidavit of Heirship in South Dakota
- How to Avoid Probate in South Dakota
- Transferring a Car After Someone Dies in South Dakota
- All South Dakota wills, probate and estate rules
FAQ
How do living trusts work in South Dakota?
South Dakota has not adopted the Uniform Trust Code; trusts are governed by its own statutes in SDCL Title 55. An express trust is created by words or acts of the trustor indicating with reasonable certainty an intention to create a trust and its subject, purpose and beneficiary, and any express trust concerning real property must also be evidenced in writing. A lawsuit contesting whether a revocable trust (or amendment) was validly created generally must be brought within one year after the settlor's death, or sooner after the trustee sends notice. Property transferred into the trust passes under its terms without probate; property left in the decedent's own name may still need probate or a small estate affidavit.
How can you 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.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.