Completing a Transfer on Death Using South Dakota's Affidavit of Confirmation

The South Dakota Real Property Transfer on Death Act can be reviewed in its entirety at SDCL 29A-6-401 et seq. By applying this law, owners of real estate located in South Dakota may designate one or more beneficiaries to gain title to their land after the transferor's death, without a will or the need for probate distribution. A lawfully executed and recorded transfer on death deed (TODD) allows owners to retain absolute possession of and control over their property. The TODDs are revocable, so the owners may also modify or even cancel the potential future interest without penalty.

The act contains the specific requirements for conveying ownership after the owner's death (29A-6-427). According to this section, the beneficiary must complete an affidavit of confirmation and submit it for recording to the register of deeds in the county where the property is located. The affidavit of confirmation must be verified before a person authorized to administer oaths and must be accompanied by a certified copy of the death certificate for the deceased owner and for each designated beneficiary who died while the owner was still alive.

A valid affidavit of confirmation provides the name and address of each transfer on death beneficiary who survives the deceased owner. If the named beneficiary is deceased, include the name and address of the contingent beneficiary or person who takes under the anti-lapse statutes. It must also contain the date of the owner's death, the legal description of the property, names and addresses of all primary beneficiaries identified on the original TODD.

Because each situation is unique, please contact an attorney with specific questions or for complex circumstances.

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

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