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SDPB Radio Coverage of the South Dakota Legislature. See all coverage and find links to audio and video streams live from the Capitol at www.sdpb.org/statehouse

Process to Transfer Property After Death Advances to Senate

State legislators are attempting to ease the process of transferring property upon death. House Bill 1077 sets a uniform deed transfer process for citizens and lawyers to follow, without going to court. The transfer deed can be modified up until death, and the person receiving the property must still settle debts left on the estate. Tom Barnett with the South Dakota State Bar says creating this process makes sense.

“We already allow the transfer, the simple transfer of your bank accounts and stocks and so forth, with very little paperwork and you don’t even need a lawyer in most cases. This bill is simply following a similar provision that we’ve already adopted in this legislature for handling personal property, so this was just the final step,” Barnett says.

Some members of the Senate Judiciary committee have concerns about the simplicity of the 14-page bill, but supporters say the length comes from including the forms that are needed. House Bill 1077 was passed unopposed and now heads to the full Senate for final passage.