Under the South Dakota Codified Laws, the beneficiary of an interest in property may disclaim the gift, either in part or in full (SDCL 29A-2-801). Note that the option to disclaim is only available to beneficiaries who have not acted in any way to indicate acceptance or ownership of the interest (29A-2-801).

The disclaimer must be in writing and be filed within nine months of the transfer (e.g., the death of the creator of the interest) with the clerk of the court in which the estate is or was pending (29A-2-801 (b)). If real property is involved, record a copy of the document in the office of the Register of Deeds of the county in which the property is located in order to avoid any ambiguity regarding the chain of title.

A disclaimer is irrevocable and binding for the disclaimant and his or her creditors, so be sure to consult an attorney when in doubt about the drawbacks and benefits. If the interest arises out of jointly-owned property, seek legal advice as well.

(South Dakota DOI Package includes form, guidelines, and completed example)

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