Hutchinson County Transfer on Death Affidavit Form (South Dakota)
All Hutchinson County specific forms and documents listed below are included in your immediate download package:
Transfer on Death Affidavit Form
Fill in the blank form formatted to comply with all recording and content requirements.
Included Hutchinson County compliant document last validated/updated 9/5/2024
Transfer on Death Affidavit Guide
Line by line guide explaining every blank on the form.
Included Hutchinson County compliant document last validated/updated 12/19/2024
Completed Example of the Transfer on Death Affidavit Document
Example of a properly completed form for reference.
Included Hutchinson County compliant document last validated/updated 11/18/2024
The following South Dakota and Hutchinson County supplemental forms are included as a courtesy with your order:
When using these Transfer on Death Affidavit forms, the subject real estate must be physically located in Hutchinson County. The executed documents should then be recorded in the following office:
Hutchinson County Register of Deeds
201 W Mentor St Room 169, Olivet, South Dakota 57052-2103
Hours: 8:30 to 4:30 M-F
Phone: (605) 387-4217
Local jurisdictions located in Hutchinson County include:
- Dimock
- Freeman
- Kaylor
- Menno
- Olivet
- Parkston
- Tripp
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 Hutchinson 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 Hutchinson County using our eRecording service.
Are these forms guaranteed to be recordable in Hutchinson County?
Yes. Our form blanks are guaranteed to meet or exceed all formatting requirements set forth by Hutchinson County including margin requirements, content requirements, font and font size requirements.
Can the Transfer on Death Affidavit 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 Hutchinson County that you need to transfer you would only need to order our forms once for all of your properties in Hutchinson County.
What are supplemental forms?
Often when a deed is recorded, additional documents are required by South Dakota or Hutchinson 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 Hutchinson County Transfer on Death Affidavit 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.
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)
Our Promise
The documents you receive here will meet, or exceed, the Hutchinson 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 Hutchinson County Transfer on Death Affidavit 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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