South Dakota Codified Laws 29A-6-432. Optional form of affidavit of confirmation
The following form or a document that contains substantially all of the following information may be used to create the affidavit of confirmation:
AFFIDAVIT OF CONFIRMATION AND SURVIVORSHIP FOR TRANSFER ON DEATH DEED
Terms Used In South Dakota Codified Laws 29A-6-432
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Contingent beneficiary: Receiver of property or benefits if the first named beneficiary fails to receive any or all of the property or benefits in question before his (her) death.
- Decedent: A deceased person.
- Deed: The legal instrument used to transfer title in real property from one person to another.
- Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
- Person: includes natural persons, partnerships, associations, cooperative corporations, limited liability companies, and corporations. See South Dakota Codified Laws 2-14-2
- Property: includes property, real and personal. See South Dakota Codified Laws 2-14-2
State of South Dakota
County of _________________
I, ________________________, being first duly sworn on oath, state that to my personal knowledge:
1. ________________ (Decedent) is the person named in the certified copy of the Certificate of Death attached hereto.
2. On the date of death, Decedent was an owner of the property in ______________ County, South Dakota, legally described as follows: ___________________________________ and Decedent was the transferor in a transfer on death deed (Deed) recorded on _____________, as in Book ______ of _____, Page _____, in the office of the register of deeds of ______________ County, South Dakota.
3. The name(s) and address(es) of the Designated Beneficiary(ies) named in the Deed who survived the Decedent is(are):
_________________________________________________________
_________________________________________________________
_________________________________________________________
4. The name(s) and address(es) of the contingent beneficiary or person who takes under the anti-lapse statutes and who survived the Decedent.
_________________________________________________________
_________________________________________________________
5. The Designated Beneficiary(ies) named in the Deed who did not survive the Decedent is(are):
_________________________________________________________
_________________________________________________________
Certified copies of Certificate(s) of Death for any deceased Designated Beneficiary(ies) is(are) also attached hereto.
6. Notice of the death of the Decedent has been given to the South Dakota Department of Social Services and it has been determined that no assistance was provided or that any obligation for reimbursement to the department has been satisfied.
Affiant
Notary
Source: SL 2014, ch 133, § 32.