How to Transfer a Car Title After Death in South Dakota

When it applies: the South Dakota title lists a beneficiary under "Transfer on Death" (TOD).

A 2025 law (SDCL 32-3-80 to 32-3-84) lets an owner name a TOD beneficiary on a vehicle title at the county treasurer's office. A trust can be the beneficiary, and all owners must approve in writing. The beneficiary has no rights to the car while the owner, or the last surviving joint owner with right of survivorship, is alive. Older guides may say South Dakota has no TOD option; that changed in 2025.

According to the DOR title page, after the death the beneficiary applies for a new title and provides a copy of the death certificate. State law says the beneficiary may also submit an affidavit verifying the death, and the DOR issues the new title once it verifies that affidavit. The DOR does not say which affidavit form to use, so ask your county treasurer.

Liens: a car with an open lien cannot have a TOD beneficiary, and the DOR will not issue the TOD transfer title while the car is subject to a lien. See the loan situation below.

How the process works:

• Check the face of the title for a "Transfer on Death" beneficiary.
• Get a copy of the death certificate. Ask the treasurer whether it must be certified.
• Make sure there is no open lien on the car.
• Complete Motor Vehicle/Boat Title & Registration Application (Form 1001) in your name.
• Bring the title, death certificate, application and the $12 fee to your county treasurer's office. Ask which affidavit they want, and whether the inheritance excise tax exemption applies to a TOD transfer.

Forms: Motor Vehicle/Boat Title & Registration Application (Form 1001).

Documents: original South Dakota title showing the TOD beneficiary, copy of the death certificate, any affidavit the treasurer asks for, Form 1001, $10 title fee plus $2 technology fee.

When it applies: two names are on the title and one owner has died. What happens depends on how the names are joined on the face of the title. South Dakota's title rules (ARSD 64:28:13) say:

• "And, with right of survivorship" (WROS): both owners normally sign, but after one dies the survivor may sign alone if a certified copy of the death certificate is attached to the title.
• "Or": either owner may sign. Older titles showing "and/or" are treated as "or". The DOR does not say in writing what a surviving "Or" owner must bring to put the car in their name alone; contact your county treasurer to confirm.
• "And" with no survivorship wording: both owners must sign, so the deceased owner's share needs the Succession Affidavit (Form 1013) or the court-appointed personal representative. See those situations below.

How the process works:

• Get a certified copy of the death certificate.
• WROS title: sign the title as the surviving owner and attach the certified death certificate.
• Complete Motor Vehicle/Boat Title & Registration Application (Form 1001) in the surviving owner's name.
• Bring the title, death certificate, application and the $12 fee to your county treasurer's office.

A transfer without payment to one or more of the joint owners is exempt from the 4% excise tax.

Forms: Motor Vehicle/Boat Title & Registration Application (Form 1001).

Documents: original South Dakota title, certified death certificate (attached to the title for a WROS title), Form 1001, $10 title fee plus $2 technology fee.

When it applies: your spouse has died and owned the car alone or with you.

We found no special DOR title procedure for a surviving spouse. A spouse uses the same routes as anyone else:

• Both of you on the title: follow the co-owner steps above.
• You are the named TOD beneficiary: follow the TOD steps above.
• Title in your spouse's name alone, estate $100,000 or less after liens: use Succession Affidavit (Form 1013) once 30 days have passed. See the no-probate situation below for the full conditions.
• Otherwise: the personal representative appointed by the court transfers the car.

Separately, South Dakota law gives a surviving spouse a right to certain "exempt property" from the estate (SDCL 29A-2-402). In probate, the personal representative handles that.

Forms: Succession Affidavit (Form 1013); Motor Vehicle/Boat Title & Registration Application (Form 1001).

Documents: original title, copy of the death certificate, the notarized Succession Affidavit (no-probate route) or proof of the personal representative's appointment (probate route), Form 1001, $10 title fee plus $2 technology fee.

When it applies: the car was in the deceased person's name alone, and all of these are true:

• The estate is worth $100,000 or less after liens and encumbrances.
• At least 30 days have passed since the death.
• No one has applied for, or been appointed, personal representative in any court.
• The deceased did not owe the Department of Social Services for nursing home or other institutional medical care.

A note on the $100,000 test: the state law (SDCL 29A-3-1201) counts "the entire estate, wherever located." The DOR's own Succession Affidavit has you swear that the "entire probate estate" is $100,000 or less. The two sources do not say whether assets that pass outside probate, like joint or payable-on-death accounts, count toward the limit. If the estate is close to $100,000, contact your county treasurer or a probate attorney to confirm before signing.

An heir, or a beneficiary under the will, signs the affidavit in front of a notary public or the county treasurer. Nothing is filed with a court. You can ask the DOR to put the title in the heirs' names or directly in a buyer's name. By signing, you accept responsibility for paying the estate's liens, allowances, funeral costs and creditor claims from the property as the law requires. A false affidavit is perjury.

How the process works:

• Wait at least 30 days after the death.
• Get a copy of the death certificate. Ask the treasurer whether it must be certified.
• Complete Succession Affidavit (Form 1013) and sign it before a notary or the county treasurer.
• Complete Motor Vehicle/Boat Title & Registration Application (Form 1001). If the car goes to an heir, select "Inheritance by succession/probate" in the exemption field.
• Bring the title, affidavit, death certificate, application and the $12 fee to your county treasurer's office.

Documents: original South Dakota title, copy of the death certificate, notarized Form 1013, Form 1001, $10 title fee plus $2 technology fee.

When it applies: the estate is in probate and the circuit court has appointed a personal representative (executor or administrator).

Under SDCL 29A-3-711, a personal representative has the same power over the title to estate property that an absolute owner would have, and can keep the car, give it to an heir, or sell it. South Dakota's title rules (ARSD 64:28:09) say that when an appointed agent signs a title over, the papers showing the appointment must be attached to the title.

The DOR does not publish a checklist for personal representatives, and no official source says exactly which court papers to attach or how to sign. Contact your county treasurer to confirm before you go.

How the process works:

• Get copies of the court papers appointing the personal representative and a copy of the death certificate.
• The personal representative signs the title over to the heir or buyer and attaches the appointment papers.
• The heir completes Motor Vehicle/Boat Title & Registration Application (Form 1001) and selects "Inheritance by succession/probate" in the exemption field.
• Bring the signed title, appointment papers, death certificate, application and the $12 fee to your county treasurer's office.

Forms: Motor Vehicle/Boat Title & Registration Application (Form 1001).

Documents: original title signed over by the personal representative, copy of the appointment papers, copy of the death certificate, Form 1001, $10 title fee plus $2 technology fee, lien release if there was a loan.

When it applies: a lender still has a lien on the car.

South Dakota uses an electronic lien and title system. According to the DOR title page, no paper title is printed while a lien is on the record. After the final payment, the lender is responsible for having the lien released through the county treasurer within 20 days.

A lien matters most for a TOD title: the DOR will not issue a title to the TOD beneficiary while the car is subject to a lien. For the Succession Affidavit, liens are subtracted when figuring the $100,000 estate value.

How the process works:

• Check for a lien with the VIN Check on the DOR's vehicle registration portal (see the DOR FAQ), or look at the title.
• Contact the lender for the payoff amount and what they need from the estate.
• After payoff, wait for the lender to release the lien.
• Then follow the transfer steps for your situation above.

Documents: lien release from the lender (or electronic release), plus the documents for your transfer route.

• Title fee: $10, plus a $2 technology fee. Form 1001 shows $12.00 for both.
• Lien notation: $10.
• Duplicate title (if the original is lost): $10.
• Late fee: $1 per week past the 45-day grace period, up to $50. No official source says when this clock starts for an inherited car; contact the office to confirm.
• No South Dakota license/ID or physical address: an extra $100 fee on top of the title fee.
• Mail processing: a county may charge up to $25 for a title application handled by mail.
• Registration fees: due if the car will be driven. Contact the office to confirm the amount.

Excise tax: South Dakota charges a 4% motor vehicle excise tax on the purchase price instead of sales tax. Under SDCL 32-5B-2, a car acquired by inheritance or under a will is exempt, and so is a car titled jointly that passes without payment to a joint owner. Claim it by selecting "Inheritance by succession/probate" in the exemption field of Motor Vehicle/Boat Title & Registration Application (Form 1001).

Titles are handled at your local county treasurer's office, not at a state office.

• In person: bring your paperwork to the county treasurer.
• Mail: state law lets counties charge a fee for title applications handled by mail, but no official source says a death transfer can be finished by mail. Contact your county treasurer to confirm.
• Online: the DOR's online services cover renewals, plates, sale reports and seller's permits. They do not list title transfers.
• Appointments: no official source says whether you need one. Call ahead.
• Questions: DOR Motor Vehicle Division, 605-773-3541.

• In probate: the personal representative can sell the car, signs the title over to the buyer, and attaches the appointment papers.
• With the Succession Affidavit: Form 1013 lets you ask the DOR to put the title directly in the buyer's name. You fill in the buyer's name, sale date and price on the form.
• Seller's permit: South Dakota requires a private seller to get a free temporary permit that lets the buyer drive the car. You can print one online through the DOR or get one at the county treasurer's office.
• Excise tax: the inheritance exemption covers a car acquired by inheritance, not a purchase. A buyer generally pays the 4% tax, unless another exemption applies (for example, a vehicle 11 or more model years old sold for $2,500 or less). Contact your county treasurer to confirm.

If probate is needed, our state probate guide walks through it.