Potter County Affidavit of Deceased Joint Tenant Form (South Dakota)
All Potter County specific forms and documents listed below are included in your immediate download package:
Affidavit of Deceased Joint Tenant Form
Fill in the blank form formatted to comply with all recording and content requirements.
Included Potter County compliant document last validated/updated 8/2/2024
Affidavit of Deceased Joint Tenant Guide
Line by line guide explaining every blank on the form.
Included Potter County compliant document last validated/updated 8/6/2024
Completed Example of the Affidavit of Deceased Joint Tenant Document
Example of a properly completed form for reference.
Included Potter County compliant document last validated/updated 8/20/2024
The following South Dakota and Potter County supplemental forms are included as a courtesy with your order:
When using these Affidavit of Deceased Joint Tenant forms, the subject real estate must be physically located in Potter County. The executed documents should then be recorded in the following office:
Potter County Register of Deeds
201 South Exene St, Gettysburg, South Dakota 57442
Hours: 8:30 to 4:30 M-F
Phone: (605) 765-9467
Local jurisdictions located in Potter County include:
- Gettysburg
- Hoven
- Lebanon
- Tolstoy
How long does it take to get my forms?
Forms are available immediately after submitting payment.
How do I get my forms, are they emailed?
Immediately after you submit payment, the Potter County forms you order will be available for download directly from your account. You can then download the forms to your computer. If you do not already have an account, one will be created for you as part of the order process, and your login details will be provided to you. If you encounter any issues accessing your forms, please reach out to our support team for assistance. Forms are NOT emailed to you.
What does "validated/updated" mean?
This indicates the most recent date when at least one of the following occurred:
- Updated: The document was updated or changed to remain compliant.
- Validated: The document was examined by an attorney or staff, or it was successfully recorded in Potter County using our eRecording service.
Are these forms guaranteed to be recordable in Potter County?
Yes. Our form blanks are guaranteed to meet or exceed all formatting requirements set forth by Potter County including margin requirements, content requirements, font and font size requirements.
Can the Affidavit of Deceased Joint Tenant forms be re-used?
Yes. You can re-use the forms for your personal use. For example, if you have more than one property in Potter County that you need to transfer you would only need to order our forms once for all of your properties in Potter County.
What are supplemental forms?
Often when a deed is recorded, additional documents are required by South Dakota or Potter County. These could be tax related, informational, or even as simple as a coversheet. Supplemental forms are provided for free with your order where available.
What type of files are the forms?
All of our Potter County Affidavit of Deceased Joint Tenant forms are PDFs. You will need to have or get Adobe Reader to use our forms. Adobe Reader is free software that most computers already have installed.
Do I need any special software to use these forms?
You will need to have Adobe Reader installed on your computer to use our forms. Adobe Reader is free software that most computers already have installed.
Do I have to enter all of my property information online?
No. The blank forms are downloaded to your computer and you fill them out there, at your convenience.
Can I save the completed form, email it to someone?
Yes, you can save your deed form at any point with your information in it. The forms can also be emailed, blank or complete, as attachments.
Are there any recurring fees involved?
No. Nothing to cancel, no memberships, no recurring fees.
Clearing the Title on South Dakota Real Estate after a Joint Tenant Dies
In South Dakota, land owned by two or more people can be held as a tenancy in common, a partnership, or a joint tenancy (SDCL 43-2-11).
Joint tenancy, as defined at 43-2-12, is a property interest "owned by several persons in equal shares, by a title created by a single will or transfer, when expressly declared in the will or transfer to be a joint tenancy, or when granted or devised to personal representatives or trustees as joint tenants." South Dakota's joint tenancy includes the right of survivorship, meaning that if one of the co-owners dies, that person's share is distributed equally among the remaining owners. This distribution is identified as a nonprobate transfer under 29A-2-205(ii).
Nonprobate transfers are not included in the deceased owner's estate; instead, they cause the property to descend to the survivors as a function of law. Still, it makes sense, especially with real estate titles, to formalize and update the changed status. One way to accomplish this is by executing and recording an affidavit stating the relevant facts, attach a certified copy of the decedent's death certificate, and file it with the register of deeds for the county where the property is located.
Each circumstance is unique. Contact an attorney with specific questions or for complex situations.
(South Dakota AODJT Package includes form, guidelines, and completed example)
Our Promise
The documents you receive here will meet, or exceed, the Potter County recording requirements for formatting. If there's an issue caused by our formatting, we'll make it right and refund your payment.
Save Time and Money
Get your Potter County Affidavit of Deceased Joint Tenant form done right the first time with Deeds.com Uniform Conveyancing Blanks. At Deeds.com, we understand that your time and money are valuable resources, and we don't want you to face a penalty fee or rejection imposed by a county recorder for submitting nonstandard documents. We constantly review and update our forms to meet rapidly changing state and county recording requirements for roughly 3,500 counties and local jurisdictions.
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