South Dakota Stipulation, Deed, and Assignment by Trustee

State:
Multi-State
Control #:
US-OG-055
Format:
Word; 
Rich Text
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Description

If a Trustee has been conveyed interest and desires to distribute those interests to the beneficial owners under the terms of the trust, it is necessary that the Trustee execute a deed to those parties. This form addresses that situation.
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FAQ

Premises Clause. Also known as the granting clause, is the only legally necessary clause required in a deed. ... Habendum Clause. Specifies the legal rights being given. Reddendum Clause. ... Warrants in deeds. ... General Warranty Deed. ... Warrant of Seisin. ... Warrant of quiet enjoyment. ... Warranty Forever.

A South Dakota transfer-on-death deed?often called a TOD deed?is a written legal document that transfers property to one or more beneficiaries named in the document on the death of the owner. South Dakota TOD deeds were first authorized by the South Dakota Real Property Transfer on Death Act in 2014.

Under a joint tenancy with the right of survivorship, each owner effectively owns the whole asset. In other words, each owner shares ownership equally. If one owner dies, the other owner acquires the deceased owner's interest automatically.

43-4-21. Imposition and amount of real estate transfer fee. A fee is hereby imposed at the rate of fifty cents for each five hundred dollars of value or fraction thereof upon the privilege of transferring title to real property in the State of South Dakota, which fee shall be paid by the grantor.

Signing Requirements for South Dakota Deeds. A South Dakota deed must include the current owner's original signature. The owner's signature should be dated. A deed transferring real estate owned by two or more owners must include all co-owners' signatures?unless only one owner is transferring an interest.

Because of the Real Property Transfer on Death Act (?the Act?), South Dakotans can also pass their real estate onto beneficiaries, without the real estate going through the probate process.

This would include actual ?deeds? such as warranty deed, quit claim deed, grantor's deed, sheriff's deed, trustee's deed, executor's deed, administrator's deed, mineral deed and similar deeds.

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South Dakota Stipulation, Deed, and Assignment by Trustee