South Dakota Survivorship Deed

Yes, in general. South Dakota requires a deed to be acknowledged (or proved) before it can be recorded, and a state real estate transfer fee of 50 cents per $500 of value is paid by the grantor.

None. South Dakota does not require witnesses to sign a deed.

Yes. South Dakota charges a state transfer tax or similar fee when a deed is recorded. Some transfers may be exempt, so check the current statute.

They come from SDCL 43-28-8 Instruments which must be acknowledged or proved before record and SDCL 43-4-21 Imposition and amount of real estate transfer fee. We last checked them in October 2026. Laws change, so check the current statute before you rely on it.

Joint tenants share equal ownership and have a right of survivorship, so a deceased owner's share passes automatically to the surviving owners. Tenants in common can own unequal shares, and each owner's share passes under their will or estate when they die. A survivorship deed creates the first kind of ownership.

For the property it covers, generally yes. When a joint owner dies, the survivors usually only need to record a death certificate or an affidavit, as state law requires, to show they now own the property. However, when the last surviving owner dies, the property will pass through their estate unless other planning is in place.

Yes, and it is a common use. Be aware of the trade-offs: your child becomes a present co-owner, their creditors may be able to reach their share, you may need their signature to sell or refinance, and there can be gift and income tax consequences. Some people consider a transfer-on-death deed instead, where that option is available.

It is a form of survivorship ownership available only to married couples, and in some states to registered partners, in the states that recognize it. It works like joint tenancy but usually cannot be ended by one spouse acting alone and, in many of those states, offers protection from creditors of only one spouse.

Generally no. Because of the right of survivorship, a joint tenant's interest ends at death and passes to the surviving owners, regardless of what their will says. A joint tenant who wants to leave their share to someone else would usually need to sever the joint tenancy first, as permitted by state law.

Every current owner who is transferring an interest must sign as a grantor. The new co-owners usually do not need to sign, although some states or title companies ask the grantees to accept the deed. In some states a non-owner spouse must sign to release homestead or marital rights.

It might. Some states reassess property or charge transfer tax when an owner is added, while many exempt transfers between spouses, between parents and children, or for no consideration. Ask the county assessor or recorder which forms or exemption statements to file with the deed.

Most states have laws addressing simultaneous deaths. Typically, if it cannot be shown that one owner survived the other, the property is split and each owner's share passes through their own estate. This is a good reason to keep a will even if your home is held with survivorship rights.