South Dakota Codified Laws 29A-6-410. Revocation by instrument authorized
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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:
Terms Used In South Dakota Codified Laws 29A-6-410
- Deed: The legal instrument used to transfer title in real property from one person to another.
- Inter vivos: Transfer of property from one living person to another living person.
(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.