Can you use a transfer-on-death deed in South Dakota?
Yes. In South Dakota, an owner may pass real property at death by a transfer on death deed that has the formalities of a recordable deed, states that the transfer occurs at the owner’s death, and is recorded before the owner’s death with the register of deeds of the county where the property is located. This is the South Dakota Real Property Transfer on Death Act. The deed is revocable even if it says otherwise, and it takes effect without notice to, delivery to or acceptance by the beneficiary during the owner’s life, and without consideration. This is SDCL §§ 29A-6-401, 29A-6-403, 29A-6-405, 29A-6-408, 29A-6-409.
| What | South Dakota |
|---|---|
| Transfer-on-death deed | Allowed; record before death |
Source
SDCL §§ 29A-6-401, 29A-6-403, 29A-6-405, 29A-6-408, 29A-6-409
Read the statute in the South Dakota Codified Laws (South Dakota Legislature): sdlegislature.gov.
Checked against the statute on November 13, 2026.
This is a summary of a published statute, not legal advice. Rules change, local ordinances can add to them, and the terms of a specific lease may differ. Check the citation and speak to a lawyer before acting.
How Seayora uses this rule
An owner on Seayora keeps each property’s owners of record, its entity and its documents in one place, so who holds title and how is on file beside the leases and the books.
Guides on this rule
- Joint Tenancy and Transfer-on-Death Deeds by State — How each state reads a deed to two or more people, survivorship rules, and where a transfer-on-death deed is allowed by statute.
Compare this rule in every state
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The same question in other states
- Alaska
- Arizona
- Arkansas
- California
- Colorado
- Delaware
- District of Columbia
- Georgia
- Hawaii
- Illinois
- Indiana
- Kansas