S.D. Codified Laws § 43-30 app. 17-01

Current through the 2024 Legislative Session

Section 17-01 - Requirements for transfer on death deed

To create a transfer on death deed, the transferor must have the same capacity required to make a will. The transfer on death deed must be recorded in the county where the property is located before the transferor's death and must include:

(a) the essential elements and formalities of a recordable inter vivos deed; and

(b) a statement that the transfer is to occur at the transferor's death.

A transfer on death deed does not require consideration, notice, delivery, or acceptance during the transferor's life. A transfer on death deed has no effect while the transferor is alive, nor does it affect the rights and interests of a designated beneficiary, creditor, or future creditor until the death of the transferor.

SDCL app TO CHAPTER 43-30 § 17-01