Clark County Trustee Deed Form (South Dakota)
All Clark County specific forms and documents listed below are included in your immediate download package:
Trustee Deed Form
Fill in the blank form formatted to comply with all recording and content requirements.
Included Clark County compliant document last validated/updated 7/5/2024
Trustee Deed Guide
Line by line guide explaining every blank on the form.
Included Clark County compliant document last validated/updated 7/29/2024
Completed Example of the Trustee Deed Document
Example of a properly completed form for reference.
Included Clark County compliant document last validated/updated 4/16/2024
The following South Dakota and Clark County supplemental forms are included as a courtesy with your order:
When using these Trustee Deed forms, the subject real estate must be physically located in Clark County. The executed documents should then be recorded in the following office:
Clark County Register of Deeds
Courthouse - 200 N Commercial St / PO Box 294, Clark, South Dakota 57225-0294
Hours: 7:30 to 5:00 Mon-Fri
Phone: (605) 532-5363
Local jurisdictions located in Clark County include:
- Bradley
- Carpenter
- Clark
- Garden City
- Raymond
- Vienna
- Willow Lake
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 Clark 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 Clark County using our eRecording service.
Are these forms guaranteed to be recordable in Clark County?
Yes. Our form blanks are guaranteed to meet or exceed all formatting requirements set forth by Clark County including margin requirements, content requirements, font and font size requirements.
Can the Trustee Deed 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 Clark County that you need to transfer you would only need to order our forms once for all of your properties in Clark County.
What are supplemental forms?
Often when a deed is recorded, additional documents are required by South Dakota or Clark 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 Clark County Trustee Deed 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.
Transferring Real Property by Trust in South Dakota
In a trust arrangement, a settlor transfers property (which may include real estate) to another person (called the trustee) for the benefit of another (called the beneficiary). Trusts that take effect during the settlor's lifetime are called living (inter vivos) trusts, and trusts that take effect upon the settlor's (testator's) death through the provisions of a will are called testamentary trusts.
In a living trust, a settlor may serve in all three capacities, as long as he is not the sole beneficiary. Living trusts are estate planning tools that take effect during a settlors' lifetime and allow them to determine how their assets will be managed upon death.
In South Dakota, trusts relating to real property must be created by a written instrument signed by the trustee (SDCL 43-10-4). The trust instrument establishes the trust's provisions, determines how the trust will be managed, designates the trustee and the trustee's powers, and identifies the trust beneficiary. Trust instruments are generally unrecorded in order to maintain the privacy of the settlor's estate plan. Transfers of real property to into trust can either occur concurrently with execution of the trust instrument, or the settlor can execute a later deed titling the property in the name of the trustee on behalf of the trust.
Unless otherwise limited by the terms of the trust, a trustee has a statutory power to "acquire, sell, or otherwise dispose of an asset" (SDCL 55-1A-11). Most trust instruments specifically include a power of sale. Transferring real property from a living trust requires a trustee's deed. A trustee's deed is named for the executing party rather than for the type of warranty conveyed.
In South Dakota, a trustee's deed carries the implied covenants typically associated with a special warranty deed. The word "grant" in the granting clause implies that "the grantor has not conveyed the same estate...to any person other than the grantee" and that "such estate is...free from encumbrances done, made, or suffered by the grantor, or any person claiming under him" (43-25-10).
In titling the property in the name of the grantee, the form of the trustee's deed names each granting trustee and the name and date of the trust on behalf of which the trustee is acting. A valid instrument also includes all requirements for documents relating to real property, such as a legal description of the subject parcel, and compliance with the recording prerequisites established at SDCL 43-28-23. Transfers of property in South Dakota require a certificate of real estate value and payment of applicable transfer fees.
Before recording the deed in the applicable county, it must be signed by each granting trustee in the presence of a notary public. At the time of conveyance, the trustee may also execute a certificate of trust in support of a real property transaction under SDCL 55-4-51.3 to confirm the trust's existence and his authority to convey the property.
Consult a lawyer in the preparation of a trustee's deed in South Dakota. Trust law can quickly become complex, and each situation requires unique attention.
(South Dakota TD Package includes form, guidelines, and completed example)
Our Promise
The documents you receive here will meet, or exceed, the Clark 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 Clark County Trustee Deed 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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August 8th, 2019
I'm transferring a property into a trust and ordered the QuitClaim Deed. Everything was pretty straight forward and user friendly. However, the Additional Information/Instructions for the Preliminary Change of Ownership Report skips from Section "I" to "M" and does not address "K". It would have been very helpful to have an explanation of the difference between the three options in that section. Thank you.
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