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S.D. Codified Laws § 21-44-27

Spousal joint tenancy termination

Applied in 2 court decisions — leading case Estate of Petrik (2021)

Most recently applied in Estate of Petrik (August 2021)

Source: SL 1995, ch 119; SL 1996, ch 149; SL 1999, ch 114, § 1; SL 2021, ch 34, § 5.

If the spouse of a decedent is the sole surviving joint tenant in real property, any interested person may terminate the joint tenancy by furnishing the register of deeds of the county where the property is located with an affidavit setting forth the following:

(1) The name and date of death of the deceased joint tenant;

(2) The legal description of the real property held in joint tenancy;

(3) The name of the surviving spouse of the deceased joint tenant;

(4) That the surviving spouse of the deceased joint tenant is the sole surviving joint tenant in the real property.

The affidavit shall be accompanied by a certified copy of the death certificate of the deceased joint tenant.

Official source: South Dakota Legislature. Reproduced from public-domain South Dakota statutes; confirm against the official source for the current text. Not legal advice.