Detailed Answer
When co-owners who held property as joint owners with right of survivorship die, title generally passes automatically to the surviving joint owner(s). However, the public record (the deed on file at the county Register of Deeds) still shows the old deed names. To make the current ownership clear to title companies, lenders, taxing authorities, and future buyers, you typically record documentation that proves the decedent died and that survivorship applies.
Below is a step-by-step explanation of the common process in South Dakota, illustrated with a short hypothetical fact pattern:
Hypothetical: Two siblings, A and B, hold Blackacre as joint owners with right of survivorship on a recorded deed. B dies. A wants the county deed record updated so title reports show A as sole owner.
- Confirm how the co-owners held title
Read the current recorded deed. Look for wording such as “joint tenants with right of survivorship,” “with right of survivorship,” or similar language. If the deed says “tenants in common,” survivorship does not apply and the decedent’s share passes according to the will or intestacy rules and likely requires probate. If the deed does include survivorship language, the surviving owner usually acquires full title automatically at death. - Get an official death certificate
Obtain a certified copy of the decedent’s death certificate from the South Dakota Department of Health or the county vital records office. The Register of Deeds will typically require a certified death certificate (not a photocopy) to accept an affidavit of survivorship. - Prepare an Affidavit of Survivorship or Affidavit of Death of Joint Tenant
Many South Dakota counties accept a sworn affidavit from the surviving joint owner stating: (a) the decedent’s name and date of death, (b) the book and page or instrument number of the recorded deed that created the joint ownership, (c) that the surviving owner(s) were named in that deed as joint tenants with right of survivorship, and (d) that no contrary facts are known. The affidavit should be signed before a notary public. Title companies often have form affidavits you can use; some counties provide guidance at the Register of Deeds office. - Attach and record documents with the county Register of Deeds
Take the certified death certificate and the notarized affidavit to the Register of Deeds in the county where the property is located. Request that the affidavit and death certificate be recorded against the property. Pay the required recording fee. After recording, the county will index the affidavit and you will have a recorded document that shows the death and the transferral by survivorship. - Obtain an updated title report or certified copy
Ask the Register of Deeds for a certified copy of the recorded affidavit or obtain an updated title search so you have proof that the record now reflects the survivorship transfer. - Notify other parties and update related records
Notify the mortgage lender (if any), home insurer, county assessor, and tax collector of the change in sole ownership and provide recorded documents. Update utilities, homeowners’ associations, and title insurance if needed.
When survivorship is unclear or not in the deed, additional steps may be required
- If the deed lacks survivorship language or the deed is ambiguous, the decedent’s share may have passed to heirs or to the estate, and you may need to open a probate estate or use South Dakota’s small-claims or summary probate procedures. Contact the local probate court for instructions.
- If multiple surviving joint owners remain, they may need to sign a new deed (for example, a quitclaim or warranty deed) to consolidate title (for instance, from two survivors down to one).
- If a recorded deed contains errors (misspelled names, incorrect legal description), a corrective deed or a corrective affidavit may be needed. Some errors require a corrective deed signed by the grantor(s) or a court order.
Where to look in the law and court resources
South Dakota does not require a specific statewide form, but the rules and recording requirements are governed by state law and county recording practices. For statutory text and recording statutes, consult the South Dakota Codified Laws at the South Dakota Legislature website: https://sdlegislature.gov/Statutes/ . For probate procedures and court forms, see the South Dakota Unified Judicial System: https://ujs.sd.gov/ . For property tax and assessment issues, see the South Dakota Department of Revenue: https://dor.sd.gov/ .
Common pitfalls and when to get legal help
Do not assume automatic transfer is sufficient for all situations. Seek legal assistance if you encounter:
- Disputed ownership or competing claims from heirs.
- A mortgage, lien, or encumbrance that complicates transfer.
- Unclear or missing deed language about survivorship.
- Deeds with drafting errors that a county recorder refuses to accept without court action.
If you face any of these issues, consult an attorney experienced in South Dakota real estate and probate law. An attorney can prepare a corrective deed, represent you in quiet title actions, or guide you through probate if necessary.
Helpful Hints
- Start by getting a certified death certificate — most county recorders require it.
- Bring the recorded deed’s book/page or instrument number to the Register of Deeds; it speeds processing.
- Ask the Register of Deeds if they have an acceptable affidavit form — many counties have a local preferred format.
- When possible, record the death certificate and affidavit together in the same visit so they index properly to the property.
- Keep certified copies of the recorded affidavit and death certificate for insurance, mortgage, and tax records.
- Even if title passes automatically, a recorded affidavit protects the survivor against future cloud on title claims.
- If multiple survivors want to change how title is held (for example, to convey sole ownership to one person), record a new deed signed by the surviving owners (and have it notarized) rather than relying only on the affidavit.
- When in doubt whether survivorship was established, request a title search or speak with the county Register of Deeds before recording.
Practical contacts
Register of Deeds in the county where the property sits: they handle deed recording and can tell you local fees and form preferences. Probate court clerk: for questions about probate if survivorship does not apply. Title company: for a title update or to insure title after recording.
Disclaimer
This information is educational and does not constitute legal advice. I am not a lawyer. For advice about your specific situation, consult a licensed South Dakota attorney or the local Register of Deeds.