Todd County Trustee Deed Form (South Dakota)

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

Trustee Deed Form

Todd County Trustee Deed Form

Fill in the blank form formatted to comply with all recording and content requirements.
Included Todd County compliant document last validated/updated 7/5/2024

Trustee Deed Guide

Todd County Trustee Deed Guide

Line by line guide explaining every blank on the form.
Included Todd County compliant document last validated/updated 7/29/2024

Completed Example of the Trustee Deed Document

Todd County Completed Example of the Trustee Deed Document

Example of a properly completed form for reference.
Included Todd County compliant document last validated/updated 4/16/2024

The following South Dakota and Todd 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 Todd County. The executed documents should then be recorded in the following office:

Todd County Register of Deeds

200 East 3rd St, Winner, South Dakota 57580-1806

Hours: 8:30 to 4:30 M-F

Phone: (605) 842-2208

Local jurisdictions located in Todd County include:

  • Mission
  • Okreek
  • Parmelee
  • Rosebud
  • Saint Francis

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

Yes. Our form blanks are guaranteed to meet or exceed all formatting requirements set forth by Todd 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 Todd County that you need to transfer you would only need to order our forms once for all of your properties in Todd County.

What are supplemental forms?

Often when a deed is recorded, additional documents are required by South Dakota or Todd 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 Todd 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 Todd 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 Todd 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.

4.8 out of 5 - ( 4436 Reviews )

Michael S.

November 27th, 2024

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Reply from Staff

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November 24th, 2024

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James S.

November 21st, 2024

Forms used, created quitclaim deed that the county accepted without a second look (turns out they see deeds.com forms regularly via erecording and in person). Will be back for any real estate related forms I need and they carry. Will always be my first stop. Also, will use erecording next time, mad I didn't see it this time.

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April 28th, 2021

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February 24th, 2022

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September 19th, 2020

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October 13th, 2021

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June 24th, 2020

I am so happy with this service. I can not tell you. In about 30 minutes my records were recorded. Excellent!

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December 23rd, 2018

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June 28th, 2019

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July 16th, 2020

The service was easy, fast, and cheap and we were able to close our sale 2 days after we downloaded the deed! Thanks!

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May 18th, 2022

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January 21st, 2024

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December 29th, 2023

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December 2nd, 2020

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