Title 29A, UNIFORM PROBATE CODE

This part applies to registrations of securities in beneficiary form made before or after July 1, 1996, by decedents dying on or after July 1, 1996. Source: SL 1995, ch 168 , § 6-311.

This part may be cited as the South Dakota Real Property Transfer on Death Act. Source: SL 2014, ch 133 , § 1.

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…

Property may be transferred to one or more beneficiaries by a transfer on a death deed and is effective at the transferor's death. Source: SL 2014, ch 133 , § 3.

This part does not affect any method of transferring property otherwise permitted under the law of this state. Source: SL 2014, ch 133 , § 4.

A transfer on a death deed is revocable even if the deed or another instrument contains a contrary provision. Source: SL 2014, ch 133 , § 5.

A transfer on a death deed is nontestamentary. Source: SL 2014, ch 133 , § 6.

The capacity required to make or revoke a transfer on a death deed is the same as the capacity required to make a will. Source: SL 2014, ch 133 , § 7.

A transfer on death deed must: (1) Except as otherwise provided in subdivision (2), contain the essential elements and formalities of a properly recordable inter vivos deed as required by the standards of title; (2) State that the transfer to the designated beneficiary is to occu…

A transfer on death deed is effective without: (1) Notice or delivery to or acceptance by the designated beneficiary during the transferor's life; or (2) Consideration. Source: SL 2014, ch 133 , § 9.

Subject to § 29A-6-411 , an instrument is effective to revoke a recorded transfer on death deed, or any part of it, only if the instrument: (1) Is: (a) A transfer on death deed that revokes the deed or part of the deed expressly or by inconsistency; (b) An instrument of revocatio…

If a transfer on death deed is made by more than one transferor: (1) Revocation by one transferor does not affect the deed as to the interest of another transferor; and (2) A deed of joint owners is revoked only if it is revoked by all of the living joint owners. Source: SL 2014,…

After a transfer on death deed is recorded, it may not be revoked by a revocatory act on the deed. Such revocatory act includes burning, tearing, canceling, obliterating, or destroying the deed, or any part of it. Source: SL 2014, ch 133 , § 12.

Nothing in §§ 29A-6-410 to 29A-6-412 , inclusive, limits the effect of an inter vivos transfer of the property. Source: SL 2014, ch 133 , § 13.

During a transferor's life, a transfer on death deed does not: (1) Affect an interest or right of the transferor or any other owner, including the right to transfer or encumber the property; (2) Affect an interest or right of a designated beneficiary, even if the designated benef…

Except as otherwise provided in the transfer on death deed, in this section, §§ 29A-2-603 , 29A-2-701 , 29A-2-802 , or 29A-2-803 , revocation by divorce or homicide, survival and simultaneous death, and elective share, on the death of the transferor, the following rules apply to …

Subject to chapter 43-28 , a beneficiary takes the property subject to all conveyances, encumbrances, assignments, contracts, mortgages, liens, and other interests to which the property is subject at the transferor's death. For purposes of this section and chapter 43-28 , the rec…

If a transferor is a joint owner and is: (1) Survived by one or more other joint owners, then the property that is the subject of a deed belongs to the surviving joint owner or owners with right of survivorship; or (2) The last surviving joint owner, then the transfer on death de…

A transfer on death deed transfers property without covenant or warranty of title even if the deed contains a contrary provision. Source: SL 2014, ch 133 , § 18.

A beneficiary may disclaim all or part of the beneficiary's interest as provided by § 29A-2-801 . The disclaimer of an interest in property must be recorded in the office of the register of deeds in the county where the property that is the subject of the disclaimer is located. S…

Upon the death of the transferor, the beneficiary is liable for the debts and obligations of the deceased transferor under the conditions set forth in §§ 29A-6-421 to 29A-6-424 , inclusive. Source: SL 2014, ch 133 , § 20.

Unless a settlement is made with the beneficiary, a creditor or personal representative of the deceased transferor may institute an action in any court of competent jurisdiction, within six months after the death of the transferor, against the beneficiary setting forth such claim…

In any action instituted by a creditor or personal representative of a deceased transferor, as specified in § 29A-6-421 , the person instituting the action shall allege and prove that there is not sufficient other property standing in the name of the deceased transferor at the ti…

The beneficiary is liable to the creditors or personal representatives of the deceased transferor for the lawful debts and obligations of the deceased transferor only in an amount equal to the value of the property contributed by the deceased transferor determined as of the time …

In any case where a deceased transferor has more than one transfer on death deed at the time of transferor's death, all of the beneficiaries therein are jointly and severally liable to the creditors or personal representative of the deceased transferor as herein provided and any …

A purchaser for value of property or a lender who acquires a security interest in the property from a beneficiary of a transfer on death deed after the death of the owner, in good faith, takes the property free of any claims of or liability to the owner's estate, creditors of the…

An attorney in fact, custodian, conservator, or other agent may not make, revoke, or change a beneficiary designation unless the document establishing the agent's right to act, or a court order, expressly authorizes such action and such action complies with the terms of the gover…

The transfer of a deceased owner's property or interest in property must be recorded with the register of deeds in the county where the property is located by filing an affidavit of confirmation executed by any designated beneficiary to whom the transfer is made. The affidavit of…

The register of deeds shall make an index reference in the record of deeds to any affidavit of confirmation filed with the register of deeds under the provisions of this part. Source: SL 2014, ch 133 , § 28.

Any person who knowingly makes any false statement in an affidavit of confirmation is guilty of falsification under § 22-11-23 . Source: SL 2014, ch 133 , § 29.

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 pro…

The following form may be used to create an instrument of revocation under this part. The provisions of this part govern the effect of this or any other instrument used to revoke a transfer on death deed. REVOCATION OF TRANSFER ON DEATH DEED Identifying Information Owner(s) of Pr…

The following form or a document that contains substantially all of the following information may be used to create the affidavit of confirmation: AFFIDAVIT OF CONFIRMATION AND SURVIVORSHIP FOR TRANSFER ON DEATH DEED State of South Dakota County of _________________ I, __________…

In applying and construing this part, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among the states that enact it. Source: SL 2014, ch 133 , § 33.

The provisions of this part modify, limit, and supersede the federal Electronic Signatures in Global and National Commerce Act, 15 U.S.C. Section 7001, et seq., but do not modify, limit, or supersede Section 101(c) of that Act, 15 U.S.C. Section 7001(c), or authorize electronic d…

The provisions of this part apply to any transfer on death deed executed, acknowledged, and recorded after July 1, 2014. Source: SL 2014, ch 133 , § 35.

(a) This code takes effect on July 1, 1995. (b) Except as provided elsewhere in this code: (1) This code applies to decedents dying on or after July 1, 1995, to their estates, and to the identification and rights of their successors; (2) This code applies to governing instruments…