Mellette County Personal Representative Deed of Distribution Form (South Dakota)

All Mellette County specific forms and documents listed below are included in your immediate download package:

Personal Representative Deed of Distribution Form

Mellette County Personal Representative Deed of Distribution Form

Fill in the blank form formatted to comply with all recording and content requirements.
Included Mellette County compliant document last validated/updated 9/6/2024

Personal Representative Deed of Distribution Guide

Mellette County Personal Representative Deed of Distribution Guide

Line by line guide explaining every blank on the form.
Included Mellette County compliant document last validated/updated 9/10/2024

Completed Example of the Personal Representative Deed of Distribution Document

Mellette County Completed Example of the Personal Representative Deed of Distribution Document

Example of a properly completed form for reference.
Included Mellette County compliant document last validated/updated 8/28/2024

The following South Dakota and Mellette County supplemental forms are included as a courtesy with your order:

When using these Personal Representative Deed of Distribution forms, the subject real estate must be physically located in Mellette County. The executed documents should then be recorded in the following office:

Mellette County Register of Deeds

321 E Fourth St / PO Box 183, White River, South Dakota 57579-0183

Hours: 8:00-4:00 M-W-F; 8:00-5:00 T-Th

Phone: (605) 259-3371

Local jurisdictions located in Mellette County include:

  • Norris
  • White River
  • Wood

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 Mellette 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 Mellette County using our eRecording service.
Are these forms guaranteed to be recordable in Mellette County?

Yes. Our form blanks are guaranteed to meet or exceed all formatting requirements set forth by Mellette County including margin requirements, content requirements, font and font size requirements.

Can the Personal Representative Deed of Distribution 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 Mellette County that you need to transfer you would only need to order our forms once for all of your properties in Mellette County.

What are supplemental forms?

Often when a deed is recorded, additional documents are required by South Dakota or Mellette 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 Mellette County Personal Representative Deed of Distribution 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.

In South Dakota, title to a decedent's real property devolves upon death to the decedent's devisees (for testate estates) and heirs (for intestate estates) (SDCL 29A-3-101). Though the title transfers by operation of law, the estate is still subject to administration in probate. Probate is the legal process of settling the decedent's estate and distributing assets to those entitled to receive them.

In probate proceedings, governed by Title 29A of the South Dakota Codified Laws, a personal representative (PR) is appointed to the estate by the probate court to act as the estate's fiduciary. After paying valid claims on the estate, applicable taxes, and expenses of administration, the PR is responsible for making distributions of property. Any part of the estate not disposed of by will is transferred by South Dakota's laws of intestate succession, located at SDCL 29A-2.

The PR executes a deed of distribution "as evidence of the distributee's title" (29A-3-907). A recorded deed of distribution is "conclusive evidence that the distributee has succeeded to the interest of the decedent...as against all persons interested in the estate," though the PR may recover the assets in case of improper distribution (SDCL 29A-3-908, Title Standard 15-06). Since title devolves by process of law, a deed of distribution simply evidences that the distributee is the rightful owner, and maintains an accurate chain of title.

The document recites information concerning the probated estate, including the decedent's name, date of death, county of probate, and the case number assigned to the estate by the court. In addition, the deed names the duly qualified and acting personal representative. The deed should identify the classification of the named distributees (either devisees under a will or heirs in an intestate estate), and name each distributee and the percent of the decedent's interest in the subject property he or she is inheriting, along with each distributee's address.

As with any conveyance of an interest in real property, a full legal description of the subject parcel is required. Any restrictions of title should be noted on the face of the deed. Distributions from an estate are exempt from transfer fees pursuant to SDCL 43-4-22(10). Finally the form must meet all state and local standards for recorded documents.

The PR must sign the deed in the presence of a notary public before recording in the Register of Deeds office in the county where the property is situated.

Consult an attorney with questions regarding deeds of distribution, or for any other issues related to probate in South Dakota, as each situation is unique.

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

Our Promise

The documents you receive here will meet, or exceed, the Mellette 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 Mellette County Personal Representative Deed of Distribution 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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