How to Remove, Change or Add Names on a Deed

In the event of the death of a spouse, certain circumstances may allow the surviving spouse to remove the deceased owner's name from the real property by completing an affidavit of termination of joint tenancy. (SDCL 21-44) A certified copy of the death certificate must be attached to the affidavit for recording. In order to remove the name of a deceased person who is not a spouse and, if you have any questions concerning termination of joint tenancy, you should seek the advice of an attorney to be assured of removing the name correctly.

In order to add a name on a deed, a new deed will have to be prepared, transferring the land from the current owner(s) to the newly listed owner(s) of the property. Deed forms may be obtained from any legal supply store; however, we encourage you to seek legal counsel to assist you in correctly changing the title to any real estate.

Pursuant to SDCL 7-9-7(4) a Certificate of Real Estate Value must accompany every type of deed. There is no charge for filing the Certificate of Real Estate Value with the appropriate deed.

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