25.140.23 100th Legislative Session 1129
2025 South Dakota Legislature
House Bill 1129
ENROLLED
AN ACT
ENTITLED An Act to provide for the transfer of motor vehicles and boats upon death.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That chapter 32-3 be amended with a NEW SECTION:
Any person who owns a motor vehicle, off-road vehicle, snowmobile, or boat as
defined in § 32-3A-2, may submit to the department an application to provide for the
transfer of the property upon the person's death or the death of the last survivor of a joint
tenancy with the right of survivorship by designating on the certificate of title a beneficiary
to whom the property will be transferred on the death of the owner or the last survivor.
A trust may be the beneficiary of a transfer on death certificate of title. The
certificate of title must include the name of the owner, the name of any joint tenant with
the right of survivorship, and the designated beneficiary of the transfer on death.
A beneficiary may be designated on the certificate of title only if all owners of the
property provide written approval on the application submitted under this section.
Section 2. That a NEW SECTION be added to chapter 32-3:
Upon the death of the owner of property with a certificate of title containing a
designation of beneficiary, or upon the death of the last survivor of a joint tenancy with
the right of survivorship, the designated beneficiary may submit to the department a n
affidavit verifying the death of the owner or the death of the last survivor of a joint tenancy
with the right of survivorship.
Upon verifying an affidavit received from a designated beneficiary, the department
shall issue a certificate of title reflecting the transfer of ownership of the property.
Section 3. That chapter 32-3 be amended with a NEW SECTION: 25.140.23 2 1129
HB1129 ENROLLED
A designated beneficiary of the transfer on death has no interest in the property
until the death of the owner or the last survivor of the joint tenancy with the right of
survivorship.
An owner or joint tenant with the right of survivorship may change a designation
of beneficiary without the consent of any beneficiary by applying for a subsequent
certificate of title, pursuant to section 1 of this Act.
Section 4. That a NEW SECTION be added to chapter 32-3:
An owner of property may not designate a beneficiary, pursuant to section 1 of this
Act, if the property is subject to any lien or other encumbrance.
The department may not issue a certificate of title reflecting the transfer of
ownership, pursuant to section 2 of this Act, if the property is subject to any lien or other
encumbrance.
Section 5. That chapter 32-3 be amended with a NEW SECTION:
Ownership of a motor vehicle, off-road vehicle, snowmobile, or boat as defined in
§ 32-3-2, with a certificate of title that has a beneficiary designation, pursuant to section
1 of this Act, and on which an application for a subsequent certificate of title has not been
filed, vests in the designated beneficiary upon the death of the owner or the last survivor
of the joint tenancy with the right of survivorship, if the property is not subject to any lien
or other encumbrance. 25.140.23 3 1129
HB1129 ENROLLED
An Act to provide for the transfer of motor vehicles and boats upon death.
I certify that the attached Act originated in
the:
House as Bill No. 1129
Chief Clerk
Speaker of the House
Attest:
Chief Clerk
President of the Senate
Attest:
Secretary of the Senate
House Bill No. 1129
File No. ____
Chapter No. ______
Received at this Executive Office
this _____ day of _____________,
2025 at ____________M.
By
for the Governor
The attached Act is hereby
approved this ________ day of
______________, A.D., 2025
Governor
STATE OF SOUTH DAKOTA ,
ss.
Office of the Secretary of State
Filed ____________, 2025
at _________ o'clock __M.
Secretary of State
By
Asst. Secretary of State