reglab/housing_qa huggingface dataset:
SD Codified L § 29A-6-309 (2021)
2021 South Dakota Codified Laws|Title 29A - Uniform Probate Code|Chapter 06 - Non-Probate Transfers|Section 29A-6-309 - Nontestamentary transfer on death.

29A-6-309. Nontestamentary transfer on death.(a) A transfer on death resulting from a registration in beneficiary form is effective by reason of the contract regarding the registration between the owner and the registering entity and this part and is not testamentary.(b) This part does not limit the rights of creditors of security owners against beneficiaries and other transferees under other laws of this state. Source: SL 1995, ch 168, §6-309.
SD Codified L § 29A-6-310 (2021)
2021 South Dakota Codified Laws|Title 29A - Uniform Probate Code|Chapter 06 - Non-Probate Transfers|Section 29A-6-310 - Terms, conditions, and forms for registration.

29A-6-310. Terms, conditions, and forms for registration.(a) A registering entity offering to accept registrations in beneficiary form may establish the terms and conditions under which it will receive requests (i) for registrations in beneficiary form, and (ii) for implementation of registrations in beneficiary form, including requests for cancellation of previously registered TOD beneficiary designations and requests for reregistration to effect a change of beneficiary. The terms and conditions so established may provide for proving death, avoiding or resolving any problems concerning fractional shares, designating primary and contingent beneficiaries, and substituting a named beneficiary's descendants to take in the place of the named beneficiary in the event of the beneficiary's death. Substitution may be indicated by appending to the name of the primary beneficiary the letters LDPS, standing for "lineal descendants per stirpes." This designation substitutes a deceased beneficiary's descendants who survive the owner for a beneficiary who fails to so survive, the descendants to be identified and to share in accordance with the law of the beneficiary's domicile at the owner's death governing inheritance by descendants of an intestate. Other forms of identifying beneficiaries who are to take on one or more contingencies, and rules for providing proofs and assurances needed to satisfy reasonable concerns by registering entities regarding conditions and identities relevant to accurate implementation of registrations in beneficiary form, may be contained in a registering entity's terms and conditions.(b) The following are illustrations of registrations in beneficiary form which a registering entity may authorize:(1)Sole owner-sole beneficiary: John S Brown TOD (or POD) John S Brown Jr.(2)Multiple owners-sole beneficiary: John S Brown Mary B Brown JT TEN TOD John S Brown Jr.(3)Multiple owners-primary and secondary (substituted) beneficiaries: John S Brown Mary B Brown JT TEN TOD John S Brown Jr SUB BENE Peter Q Brown or John S Brown Mary B Brown JT TEN TOD John S Brown Jr LDPS. Source: SL 1995, ch 168, §6-310.
SD Codified L § 29A-6-311 (2021)
2021 South Dakota Codified Laws|Title 29A - Uniform Probate Code|Chapter 06 - Non-Probate Transfers|Section 29A-6-311 - Application of part.

29A-6-311. Application of part.This part applies to registrations of securities in beneficiary form made before or after July 1, 1996, by decedents dying on or after July 1, 1996. Source: SL 1995, ch 168, §6-311.
SD Codified L § 29A-6-401 (2021)
2021 South Dakota Codified Laws|Title 29A - Uniform Probate Code|Chapter 06 - Non-Probate Transfers|Section 29A-6-401 - Short title.

29A-6-401. Short title.This part may be cited as the South Dakota Real Property Transfer on Death Act. Source: SL 2014, ch 133, §1.
SD Codified L § 29A-6-402 (2021)
2021 South Dakota Codified Laws|Title 29A - Uniform Probate Code|Chapter 06 - Non-Probate Transfers|Section 29A-6-402 - Definitions.

29A-6-402. Definitions.Terms used in this part mean:(1)"Beneficiary," a person who receives property under a transfer on death deed;(2)"Designated beneficiary," a person designated to receive property in a transfer on death deed;(3)"Joint owner," any individual who owns property concurrently with one or more other individuals with a right of survivorship. The term includes a joint tenant with a right of survivorship. The term does not include a tenant in common;(4)"Person," an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government or governmental subdivision, agency, or instrumentality, or any other legal or commercial entity;(5)"Property," an interest in real property located in this state which is transferable on the death of the owner;(6)"Transfer on a death deed," a document authorized under this part and is considered a governing instrument as defined by subdivision 29A-1-201(19);(7)"Transferor," any individual who makes a transfer on a death deed. Source: SL 2014, ch 133, §2.
SD Codified L § 29A-6-403 (2021)
2021 South Dakota Codified Laws|Title 29A - Uniform Probate Code|Chapter 06 - Non-Probate Transfers|Section 29A-6-403 - Transfer on death deed authorized.

29A-6-403. Transfer on death deed authorized.Property may be transferred to one or more beneficiaries by a transfer on a death deed and is effective at the transferor's death. Source: SL 2014, ch 133, §3.
SD Codified L § 29A-6-404 (2021)
2021 South Dakota Codified Laws|Title 29A - Uniform Probate Code|Chapter 06 - Non-Probate Transfers|Section 29A-6-404 - Nonexclusivity.

29A-6-404. Nonexclusivity.This part does not affect any method of transferring property otherwise permitted under the law of this state. Source: SL 2014, ch 133, §4.
SD Codified L § 29A-6-405 (2021)
2021 South Dakota Codified Laws|Title 29A - Uniform Probate Code|Chapter 06 - Non-Probate Transfers|Section 29A-6-405 - Transfer on death deed revocable.

29A-6-405. Transfer on death deed revocable.A transfer on a death deed is revocable even if the deed or another instrument contains a contrary provision. Source: SL 2014, ch 133, §5.
SD Codified L § 29A-6-406 (2021)
2021 South Dakota Codified Laws|Title 29A - Uniform Probate Code|Chapter 06 - Non-Probate Transfers|Section 29A-6-406 - Transfer on death deed nontestamentary.

29A-6-406. Transfer on death deed nontestamentary.A transfer on a death deed is nontestamentary. Source: SL 2014, ch 133, §6.
SD Codified L § 29A-6-407 (2021)
2021 South Dakota Codified Laws|Title 29A - Uniform Probate Code|Chapter 06 - Non-Probate Transfers|Section 29A-6-407 - Capacity of transferor.

29A-6-407. Capacity of transferor.The capacity required to make or revoke a transfer on a death deed is the same as the capacity required to make a will. Source: SL 2014, ch 133, §7.
SD Codified L § 29A-6-408 (2021)
2021 South Dakota Codified Laws|Title 29A - Uniform Probate Code|Chapter 06 - Non-Probate Transfers|Section 29A-6-408 - Requirements.

29A-6-408. Requirements.A transfer on death deed must:(1)Except as otherwise provided in subdivision (2), contain the essential elements and formalities of a properly recordable inter vivos deed as required by the standards of title;(2)State that the transfer to the designated beneficiary is to occur at the transferor's death; and(3)Be recorded before the transferor's death in the public records in the office of the register of deeds in the county where the property is located. Source: SL 2014, ch 133, §8.
SD Codified L § 29A-6-409 (2021)
2021 South Dakota Codified Laws|Title 29A - Uniform Probate Code|Chapter 06 - Non-Probate Transfers|Section 29A-6-409 - Notice, delivery, acceptance, consideration not required.

29A-6-409. Notice, delivery, acceptance, consideration not required.A transfer on death deed is effective without:(1)Notice or delivery to or acceptance by the designated beneficiary during the transferor's life; or(2)Consideration. Source: SL 2014, ch 133, §9.
SD Codified L § 29A-6-410 (2021)
2021 South Dakota Codified Laws|Title 29A - Uniform Probate Code|Chapter 06 - Non-Probate Transfers|Section 29A-6-410 - Revocation by instrument authorized.

29A-6-410. Revocation by instrument authorized.Subject to §29A-6-411, an instrument is effective to revoke a recorded transfer on death deed, or any part of it, only if the instrument:(1)Is:(a)A transfer on death deed that revokes the deed or part of the deed expressly or by inconsistency;(b)An instrument of revocation that expressly revokes the deed or part of the deed; or(c)An inter vivos deed that expressly revokes the transfer on death deed or part of the deed; and(2)Is acknowledged by the transferor after the acknowledgment of the deed being revoked and recorded before the transferor's death in the public records in the office of the register of deeds in the county where the deed is recorded. Source: SL 2014, ch 133, §10.
SD Codified L § 29A-6-411 (2021)
2021 South Dakota Codified Laws|Title 29A - Uniform Probate Code|Chapter 06 - Non-Probate Transfers|Section 29A-6-411 - Revocation by more than one transferor.

29A-6-411. Revocation by more than one transferor.If a transfer on death deed is made by more than one transferor:(1)Revocation by one transferor does not affect the deed as to the interest of another transferor; and(2)A deed of joint owners is revoked only if it is revoked by all of the living joint owners. Source: SL 2014, ch 133, §11.
SD Codified L § 29A-6-412 (2021)
2021 South Dakota Codified Laws|Title 29A - Uniform Probate Code|Chapter 06 - Non-Probate Transfers|Section 29A-6-412 - Revocation by act not permitted.

29A-6-412. Revocation by act not permitted.After a transfer on death deed is recorded, it may not be revoked by a revocatory act on the deed. Such revocatory act includes burning, tearing, canceling, obliterating, or destroying the deed, or any part of it. Source: SL 2014, ch 133, §12.
SD Codified L § 29A-6-413 (2021)
2021 South Dakota Codified Laws|Title 29A - Uniform Probate Code|Chapter 06 - Non-Probate Transfers|Section 29A-6-413 - Effect of inter vivos transfer not limited.

29A-6-413. Effect of inter vivos transfer not limited.Nothing in §§29A-6-410 to 29A-6-412, inclusive, limits the effect of an inter vivos transfer of the property. Source: SL 2014, ch 133, §13.
SD Codified L § 29A-6-414 (2021)
2021 South Dakota Codified Laws|Title 29A - Uniform Probate Code|Chapter 06 - Non-Probate Transfers|Section 29A-6-414 - Effect of transfer on death deed during transferor's life.

29A-6-414. Effect of transfer on death deed during transferor's life.During a transferor's life, a transfer on death deed does not:(1)Affect an interest or right of the transferor or any other owner, including the right to transfer or encumber the property;(2)Affect an interest or right of a designated beneficiary, even if the designated beneficiary has actual or constructive notice of the deed;(3)Affect an interest or right of a secured or unsecured creditor or future creditor of the transferor, even if the creditor has actual or constructive notice of the deed;(4)Affect the transferor's or designated beneficiary's eligibility for any form of public assistance;(5)Create a legal or equitable interest in favor of the designated beneficiary; or(6)Subject the property to claims or process of a creditor of the designated beneficiary. Source: SL 2014, ch 133, §14.
SD Codified L § 29A-6-415 (2021)
2021 South Dakota Codified Laws|Title 29A - Uniform Probate Code|Chapter 06 - Non-Probate Transfers|Section 29A-6-415 - Effect of transfer on death deed at transferor's death.

29A-6-415. Effect of transfer on death deed at transferor's death.Except as otherwise provided in the transfer on death deed, in this section, §§29A-2-603, 29A-2-701, 29A-2-802, or 29A-2-803, revocation by divorce or homicide, survival and simultaneous death, and elective share, on the death of the transferor, the following rules apply to property that is the subject of a transfer on death deed and owned by the transferor at death:(1)Subject to subdivision (2), the interest in the property is transferred to the designated beneficiary, or when necessary, to the contingent beneficiary in accordance with the deed.(2)The interest of a designated beneficiary is contingent on the designated beneficiary surviving the transferor. The interest of any designated or contingent beneficiary who fails to survive the transferor by one hundred twenty hours lapses unless survival is specifically waived or modified as provided by §29A-2-702.(3)Subject to subdivision (4), concurrent interests are transferred to the beneficiaries in equal and undivided shares with no right of survivorship.(4)If the transferor identifies two or more designated beneficiaries to receive concurrent interests in the property, the share of one which lapses or fails for any reason is transferred to the other, or to the others in proportion to the interest of each in the remaining part of the property held concurrently. Source: SL 2014, ch 133, §15.
SD Codified L § 29A-6-416 (2021)
2021 South Dakota Codified Laws|Title 29A - Uniform Probate Code|Chapter 06 - Non-Probate Transfers|Section 29A-6-416 - Beneficiary takes property subject to all interests present at transferor's death.

29A-6-416. Beneficiary takes property subject to all interests present at transferor's death.Subject to chapter 43-28, a beneficiary takes the property subject to all conveyances, encumbrances, assignments, contracts, mortgages, liens, and other interests to which the property is subject at the transferor's death. For purposes of this section and chapter 43-28, the recording of the transfer on death deed is deemed to have occurred at the transferor's death. Source: SL 2014, ch 133, §16.
SD Codified L § 29A-6-417 (2021)
2021 South Dakota Codified Laws|Title 29A - Uniform Probate Code|Chapter 06 - Non-Probate Transfers|Section 29A-6-417 - Effect of transfer on death deed when transferor is joint owner.

29A-6-417. Effect of transfer on death deed when transferor is joint owner.If a transferor is a joint owner and is:(1)Survived by one or more other joint owners, then the property that is the subject of a deed belongs to the surviving joint owner or owners with right of survivorship; or(2)The last surviving joint owner, then the transfer on death deed is effective. Source: SL 2014, ch 133, §17.
SD Codified L § 29A-6-418 (2021)
2021 South Dakota Codified Laws|Title 29A - Uniform Probate Code|Chapter 06 - Non-Probate Transfers|Section 29A-6-418 - Transfer on death deed transfers property without covenant or warranty of title.

29A-6-418. Transfer on death deed transfers property without covenant or warranty of title.A transfer on death deed transfers property without covenant or warranty of title even if the deed contains a contrary provision. Source: SL 2014, ch 133, §18.
SD Codified L § 29A-6-419 (2021)
2021 South Dakota Codified Laws|Title 29A - Uniform Probate Code|Chapter 06 - Non-Probate Transfers|Section 29A-6-419 - Disclaimer.

29A-6-419. Disclaimer.A beneficiary may disclaim all or part of the beneficiary's interest as provided by §29A-2-801. The disclaimer of an interest in property must be recorded in the office of the register of deeds in the county where the property that is the subject of the disclaimer is located. Source: SL 2014, ch 133, §19.
SD Codified L § 29A-6-420 (2021)
2021 South Dakota Codified Laws|Title 29A - Uniform Probate Code|Chapter 06 - Non-Probate Transfers|Section 29A-6-420 - Liability for debts and obligations of deceased transferor.

29A-6-420. Liability for debts and obligations of deceased transferor.Upon the death of the transferor, the beneficiary is liable for the debts and obligations of the deceased transferor under the conditions set forth in §§29A-6-421 to 29A-6-424, inclusive. Source: SL 2014, ch 133, §20.
SD Codified L § 29A-6-421 (2021)
2021 South Dakota Codified Laws|Title 29A - Uniform Probate Code|Chapter 06 - Non-Probate Transfers|Section 29A-6-421 - Action by creditor or personal representative against beneficiary--Time limitations.

29A-6-421. Action by creditor or personal representative against beneficiary--Time limitations.Unless a settlement is made with the beneficiary, a creditor or personal representative of the deceased transferor may institute an action in any court of competent jurisdiction, within six months after the death of the transferor, against the beneficiary setting forth such claim, unless the action is for recovery of medical assistance initiated by the Department of Social Services pursuant to Title 28, in which case the action must be commenced within the shorter of two years after the death of the transferor, or within six months of written notice to the Department of Social Services with information of the transferor's death, social security number, and if available upon reasonable investigation, the transferor's deceased spouse's name and social security number. Source: SL 2014, ch 133, §21.
SD Codified L § 29A-6-422 (2021)
2021 South Dakota Codified Laws|Title 29A - Uniform Probate Code|Chapter 06 - Non-Probate Transfers|Section 29A-6-422 - Proof of insufficient other property to satisfy debts and obligations--Presumption.

29A-6-422. Proof of insufficient other property to satisfy debts and obligations--Presumption.In any action instituted by a creditor or personal representative of a deceased transferor, as specified in §29A-6-421, the person instituting the action shall allege and prove that there is not sufficient other property standing in the name of the deceased transferor at the time of transferor's death which is subject to and sufficient to pay said debts and obligations; provided that, if no petition is filed in court to probate the deceased transferor's estate within thirty days from the date of transferor's death, there is a presumption of evidence that the property standing in the name of the decedent at the time of transferor's death is insufficient to pay transferor's debts and obligations. Source: SL 2014, ch 133, §22.
SD Codified L § 29A-6-423 (2021)
2021 South Dakota Codified Laws|Title 29A - Uniform Probate Code|Chapter 06 - Non-Probate Transfers|Section 29A-6-423 - Limitation of beneficiary liability.

29A-6-423. Limitation of beneficiary liability.The beneficiary is liable to the creditors or personal representatives of the deceased transferor for the lawful debts and obligations of the deceased transferor only in an amount equal to the value of the property contributed by the deceased transferor determined as of the time of transferor's death, but subject to all homestead and legal exemptions in the deceased transferor's property. Source: SL 2014, ch 133, §23.
SD Codified L § 29A-6-424 (2021)
2021 South Dakota Codified Laws|Title 29A - Uniform Probate Code|Chapter 06 - Non-Probate Transfers|Section 29A-6-424 - More than one transfer on death deed at time of death--Beneficiaries jointly and severally liable to creditors.

29A-6-424. More than one transfer on death deed at time of death--Beneficiaries jointly and severally liable to creditors.In any case where a deceased transferor has more than one transfer on death deed at the time of transferor's death, all of the beneficiaries therein are jointly and severally liable to the creditors or personal representative of the deceased transferor as herein provided and any beneficiary who is made a defendant in any action has the right to require any other such beneficiary within the jurisdiction of the court to be joined as a party defendant in the action and has the right of pro rata contribution against other beneficiaries, to the extent of their respective liability hereunder. Source: SL 2014, ch 133, §24.
SD Codified L § 29A-6-425 (2021)
2021 South Dakota Codified Laws|Title 29A - Uniform Probate Code|Chapter 06 - Non-Probate Transfers|Section 29A-6-425 - Purchaser for value or lender acquiring security interest in property takes property free of claims.

29A-6-425. Purchaser for value or lender acquiring security interest in property takes property free of claims.A purchaser for value of property or a lender who acquires a security interest in the property from a beneficiary of a transfer on death deed after the death of the owner, in good faith, takes the property free of any claims of or liability to the owner's estate, creditors of the owner's estate, persons claiming rights as beneficiaries under the deed or heirs of the owner's estate, in absence of actual knowledge that the transfer was improper or that the information in an affidavit of confirmation, if any, provided pursuant to §29A-6-432, is not true; and, a purchaser or lender for value has no duty to verify sworn information relating to the deed. Source: SL 2014, ch 133, §25.
SD Codified L § 29A-6-426 (2021)
2021 South Dakota Codified Laws|Title 29A - Uniform Probate Code|Chapter 06 - Non-Probate Transfers|Section 29A-6-426 - Agent may not modify beneficiary designation unless authorized.

29A-6-426. Agent may not modify beneficiary designation unless authorized.An attorney in fact, custodian, conservator, or other agent may not make, revoke, or change a beneficiary designation unless the document establishing the agent's right to act, or a court order, expressly authorizes such action and such action complies with the terms of the governing instrument, the rulings of the court, and applicable law.This section does not prohibit the authorized withdrawal, sale, pledge, or other present transfer of the property by an attorney in fact, custodian, conservator, or other agent notwithstanding the fact that the effect of the transaction may be to extinguish a designated beneficiary's right to receive a transfer of the property at the death of the owner. Source: SL 2014, ch 133, §26.
SD Codified L § 29A-6-427 (2021)
2021 South Dakota Codified Laws|Title 29A - Uniform Probate Code|Chapter 06 - Non-Probate Transfers|Section 29A-6-427 - Recording of transfer of deceased owner's property--Affidavit of confirmation.

29A-6-427. Recording of transfer of deceased owner's property--Affidavit of confirmation.The transfer of a deceased owner's property or interest in property must be recorded with the register of deeds in the county where the property is located by filing an affidavit of confirmation executed by any designated beneficiary to whom the transfer is made. The affidavit of confirmation must be verified before a person authorized to administer oaths and must be accompanied by a certified copy of the death certificate for the deceased owner and for each designated beneficiary identified in subdivision (4). The affidavit of confirmation shall contain all of the following information:(1)The name and address of each transfer on death beneficiary who survives the deceased owner or that is in existence on the date of death of the deceased owner. If the named beneficiary is deceased, the name and address of the contingent beneficiary or person who takes under the anti-lapse statutes shall be included. If a named beneficiary is designated as a transfer on death beneficiary solely in that person's capacity as a trustee of a trust and that trustee subsequently has been replaced by a successor trustee, the affidavit of confirmation shall include the name and address of the successor trustee and must be accompanied by proof of acceptance by the successor trustee;(2)The date of death of the deceased owner;(3)The legal description of the subject property or interest in property;(4)The name of each designated beneficiary who has not survived the deceased owner or who is not in existence on the date of death of the deceased owner; and(5)A statement that notice of the death of the decedent was given to the South Dakota Department of Social Services to satisfy any public welfare and assistance liens under Title 28. Source: SL 2014, ch 133, §27.
SD Codified L § 29A-6-428 (2021)
2021 South Dakota Codified Laws|Title 29A - Uniform Probate Code|Chapter 06 - Non-Probate Transfers|Section 29A-6-428 - Index reference in the record of deeds.

29A-6-428. Index reference in the record of deeds.The register of deeds shall make an index reference in the record of deeds to any affidavit of confirmation filed with the register of deeds under the provisions of this part. Source: SL 2014, ch 133, §28.