South Dakota Revocable Living Trust

Q: Is a South Dakota trust revocable by default?

No. SDCL 55-3-6 reads: 'Unless the terms of a trust expressly reserve a power to the settlor to revoke or modify a trust, a trust shall be irrevocable.' Most states that follow the Uniform Trust Code presume the opposite. A South Dakota living trust meant to stay changeable has to say, in its own terms, that the settlor can revoke or modify it.

A South Dakota revocable living trust holds your property while you live and passes it to the people you name at death, with no probate case for anything the trust owns. You manage it, you can change it, and a successor trustee takes over when you die or cannot act. It covers only the property you actually retitle into it.

One South Dakota rule matters more than any other on this page. A South Dakota trust is irrevocable unless its own terms say otherwise. SDCL 55-3-6 reads: "Unless the terms of a trust expressly reserve a power to the settlor to revoke or modify a trust, a trust shall be irrevocable." Most states presume the reverse. A form written for one of those states may leave out the one sentence South Dakota requires.

Every rule below was read on September 27, 2026 through the South Dakota Legislature's own code service. Here is how the trust works, how to set one up so it stays revocable, what the trustee owes, and where the trust stops protecting anyone.

What a South Dakota Revocable Living Trust Does

You sign a trust document, name yourself (or someone else) as trustee, and move property into the trust's name. While you live, you use the property as before. When you die, your successor trustee pays the bills the trust owes and hands the property to your beneficiaries under the trust's terms, without a court case.

Four things set it apart from a will:

No probate for trust property. A will goes through the circuit court. Property titled to the trustee does not.
Privacy. A probated will becomes a court record. The trust document stays with the trustee, and a certificate of trust (below) lets the trustee prove authority without showing who inherits.
Incapacity planning. If you cannot manage money, your successor trustee steps in for trust property without a conservatorship.
Changeable, if you say so. You keep the power to amend or revoke only when the document reserves it (55-3-6).

The trade is work up front. You have to retitle each asset, and a trust with nothing in it avoids nothing.

Where South Dakota Trust Law Lives

South Dakota has not adopted the Uniform Trust Code. Its trust law is Title 55 of the South Dakota Codified Laws, chapters 55-1 through 55-19. The pieces that matter for a living trust:

Topic	Section	What it says
Revocation default	55-3-6	Irrevocable unless the terms expressly reserve a power to revoke or modify
Creating a trust	55-1-4	Words or acts showing intent, subject, purpose and beneficiary; a trust concerning real property must be in writing
Unfunded trust	55-1-55	A trust is valid even with no assets in it yet
Information duty	55-2-14	While revocable, the trustee reports to the settlor
Certificate of trust	55-4-51	Proves the trust and the trustee's powers without the full document
Registration	55-1-56	Optional, sealed
Contest deadline	55-4-57	First of one year after death or 60 days after notice, among others
Creditors after death	55-4-58	Trust pays what the probate estate cannot

South Dakota is also known as a trust-industry state, and that reputation comes from parts of Title 55 most families never touch. Chapter 55-1B lets a trust split duties among trustees, trust advisors and trust protectors. Chapter 55-16 allows a self-settled asset protection trust, which 55-16-2 requires to be irrevocable. A revocable living trust is not one of those, and it does not shield your property from your own creditors while you live.

The Revocation Trap, and How to Draft Around It

Let's break it down. Under 55-3-6, silence makes a trust permanent. A trust that says nothing about revocation, or says it loosely, may lock you out of changing it.

What the document should do:

State the power plainly. "The settlor reserves the power to revoke or modify this trust, in whole or in part" meets the statute's "expressly reserve" test.
Say how to use it. Name the method, such as a signed writing delivered to the trustee. A clear method keeps a later amendment from being disputed.
Name who holds it. For a joint trust with a spouse, say whether each spouse can revoke alone and what happens to the power when the first spouse dies.
Check any form you download. A template drafted for a Uniform Trust Code state can rely on that state's revocable default and never spell out the power.

Two other rules follow from reserving the power. Under 55-4-30, a settlor who reserved the power to amend can use an amendment to change the duties and powers Chapter 55-4 gives the trustee, though no trust term can excuse a trustee's bad faith or gross negligence. And the power to revoke also answers South Dakota's alienation rule, covered next.

The perpetuities question

South Dakota trusts can last a very long time. SDCL 43-5-8 says "The common-law rule against perpetuities is not in force in this state." A separate statute still applies: 43-5-1 bars suspending the absolute power of alienation for longer than lives in being plus thirty years. 43-5-4 explains how a trust meets that rule. A trust suspends alienation only when all power to sell its property is gone, and there is no suspension if the trustee has a power to sell, express or implied, or if one or more living persons hold an unlimited power to terminate. A settlor's reserved power to revoke is that kind of power, and a standard trustee power of sale covers the trust after death.

Setting One Up in South Dakota

South Dakota writes no signing ceremony into Title 55 for a living trust. 55-1-4 creates an express trust from words or acts showing, with reasonable certainty, an intent to create a trust and its subject, purpose and beneficiary. Any express trust that concerns real property must also be evidenced in writing. 55-3-2 adds that the mutual consent of the trustor and trustee creates the trust.

Put it in writing and sign it anyway. A signed, dated document is what banks, title companies and your successor trustee will ask for. Many settlors also sign before a notary, because a notarized signature is what the certificate of trust needs later.

The document should name:

the settlor (you) and the first trustee, often you as well
one or more successor trustees
the beneficiaries and what each receives
the express power to revoke or modify (55-3-6)
what the trustee may do with property, including a power to sell

Funding Is the Half People Skip

A trust owns only what you move into it. 55-1-55 says a trust is valid even if it holds nothing, which means a signed but unfunded trust is legal and useless for probate. Anything left in your own name at death goes through probate unless another transfer covers it.

How each asset moves in:

Land. Sign and record a deed from you to yourself as trustee with the register of deeds in the county where the land sits.
Bank and brokerage accounts. Retitle the account to the trustee, or name the trust as the payable on death or transfer on death beneficiary.
Vehicles and boats. Since July 1, 2025, a South Dakota title can name a transfer on death beneficiary, and a trust can be that beneficiary. See naming a beneficiary on a vehicle title.
Retirement accounts and life insurance. Keep the owner as is and review the beneficiary designation. Naming a trust as beneficiary of a retirement account has federal income tax effects worth checking first.
Household goods. A signed assignment to the trustee covers furniture and personal items.

If the house is the only thing you want to keep out of probate, a TOD deed for the house instead may be simpler. A South Dakota transfer on death deed recorded before death moves land to a named beneficiary under SDCL 29A-6-403 with no trust at all.

Proving the Trust Without Showing It: the Certificate of Trust

Banks and title companies want proof that the trust exists and that the trustee can act. SDCL 55-4-51 lets a trustee furnish a certificate of trust instead of a copy of the document. It states:

that the trust exists, its name, and the date it was signed
the settlor's name
the original trustees and each current trustee's name and address
the trustee powers that apply, and how many trustees must act
that the trust is revocable and has not been revoked, or that it is irrevocable
whether a court supervises the trust
any property to be conveyed
that no amendment makes the certificate wrong

The signer certifies the statements are true, and the signature must be acknowledged or sworn before a notary. The certificate need not include who inherits.

Next steps for land: 55-4-51.1 lets you record the certificate with the register of deeds, and once recorded it documents the trust and the trustee's powers as though the full trust had been recorded. 55-4-51.3 prints a form for real property transactions.

A recipient can go one step further. Under 55-4-52 it may ask for excerpts naming the trustee and granting the power to act in the deal. Under 55-4-55, a person who demands the whole trust on top of the certificate or excerpts is liable for damages if a court finds the demand was not in good faith.

Registration: Optional in South Dakota

Some states require a trustee to register a trust with a court. South Dakota does not. SDCL 55-1-56 says the trustee may register the trust in the court at its principal place of administration, which is the trustee's place of business where the trust records are kept, or the trustee's home if there is no business.

If the trustee registers, 55-1-57 requires a statement naming the trustee, the settlor, the original trustee and the trust's date, and acknowledging the court's jurisdiction. 55-1-58 seals the registration. Only the settlor, a trustee, a trust advisor or a trust protector can get a certified copy without a court order.

What the Trustee Owes While You Live

While the trust is revocable, the trustee works for you. SDCL 55-2-14 says the trustee of a revocable trust keeps the settlor reasonably informed and, unless the document says otherwise, owes no duty to inform any other beneficiary. If the settlor becomes incapacitated with no designated agent, the trustee may choose to keep the current beneficiaries informed, and a court can order it for good cause.

Your family may not learn the terms until you die. That keeps the plan private, and it also means no one checks a trustee you picked badly. Choose a successor trustee you trust with money and paperwork.

The Pour-Over Will

A trust catches only what you fund. A pour-over will catches the rest by leaving it to the trustee. SDCL 29A-2-511 makes that gift valid even though the trust is revocable or was amended after you signed the will, and the property joins the trust under its terms.

Two cautions:

A pour-over will still goes through probate. It sends property to the trust, but the court process comes first. If the estate is small enough, the $100,000 small estate affidavit under 29A-3-1201 may cover it.
Revoke the trust and the gift lapses. Under 29A-2-511(c), unless the will says otherwise, revoking or ending the trust before you die causes the gift to lapse. Update the will when you change the plan.

Divorce also changes a trust. SDCL 29A-2-804 treats a trust as a governing instrument, and unless the trust, a court order or a marital contract says otherwise, a divorce revokes revocable gifts to a former spouse and the former spouse's relatives, along with naming the former spouse as trustee.

What Happens After You Die

At death the trust can no longer be revoked, and the successor trustee takes over. See what the successor trustee does for the step-by-step job. Four South Dakota rules shape it.

Beneficiaries get notice. SDCL 55-2-13(2)(a) tells the trustee of an irrevocable trust to notify the qualified beneficiaries of the trust's existence, and of their right to ask for a copy, within 60 days after learning that a formerly revocable trust has become irrevocable. A qualified beneficiary is an entity or a person 21 or older who is, or would be, entitled to trust income or principal. The trust document or the settlor's written directions can expand, restrict or eliminate this duty.

Contests have a short clock. Under 55-4-57(a), a suit claiming the trust was not validly created must start by the first of these, among others:

one year after the settlor's death
60 days after the trustee, trust advisor, trust protector or settlor sent the person a copy of the trust and a notice of its existence, the trustee's name and address, and the time allowed to sue
for a trust named in the will, the last day to challenge that will

Notice goes to every beneficiary and every heir at law, by personal service or certified or registered mail (55-4-57(d) and (e)). Once the settlor dies, the trustee may distribute unless it knows of a pending contest or a potential contestant warned it and sued within 60 days (55-4-57(b)).

Creditors can still be paid from the trust. See the next section.

Other property follows its own path. Accounts with a payable on death beneficiary, land under a recorded transfer on death deed, and joint tenancy property pass outside the trust. Read other ways to avoid probate to see how they fit together.

Creditors Can Still Reach the Trust

A revocable trust does not wipe out debts. SDCL 55-4-58(a) makes a trust that was revocable at the settlor's death subject to the settlor's creditors, estate administration costs, funeral expenses and statutory allowances to a surviving spouse and children, to the extent the probate estate is inadequate to pay them.

The trustee can close the window faster than probate would:

Step	Rule in 55-4-58(b) and (c)
Known creditor	Mail written notice; the claim may be barred if not presented within 60 days of the notice
Unknown creditors	Publish notice once a week for three weeks in a legal newspaper in the county where the settlor last lived
Published deadline	Four months after the first publication

If the trust cannot pay everyone, 55-4-58(h) sets the order: administration costs, reasonable funeral expenses, debts and taxes preferred under federal law, debts and taxes preferred under South Dakota law, then all other claims.

Medicaid recovery reaches living trusts too. SDCL 28-6-23 makes certain medical assistance a debt due the Department of Social Services, including nursing facility, home and community based, hospital and prescription drug services paid for a person 55 or older, and lets the department claim against the estate of a surviving spouse. The department's rule, ARSD 67:48:02:01(2), defines the estate for recovery to include property conveyed through a living trust. A revocable trust does not move a house beyond that claim.

When a Trust Is Worth It in South Dakota

A trust earns its cost when:

you own land in more than one state, since each state could need its own probate
you want a successor trustee ready if you lose capacity
you want terms that last past your death, such as holding money for a young beneficiary
you want the plan kept out of the court file

It may not be worth it when:

your only real property is one house, and a recorded transfer on death deed would move it
your accounts can carry payable on death or transfer on death beneficiaries
your estate would qualify for the $100,000 small estate affidavit anyway

If you want to set aside money for an animal, South Dakota has its own rules for a trust for a pet under 55-1-21.

A Checklist for Setting One Up

List your assets and how each one is titled today.
Draft the trust with the express power to revoke or modify (55-3-6).
Name a successor trustee and a backup.
Sign the trust, and sign a notarized certificate of trust (55-4-51).
Record a deed moving any South Dakota land to the trustee, and consider recording the certificate with it (55-4-51.1).
Retitle bank and brokerage accounts, or add the trust as the payable on death beneficiary.
Sign a pour-over will (29A-2-511).
Review beneficiary designations on retirement accounts and life insurance.
Revisit the trust after a marriage, divorce, birth, death or move.

When To Call a South Dakota Attorney

Consider a lawyer when:

you plan to use a trust form written for another state (the 55-3-6 default is the reason)
you own a farm, ranch, business interest or land in more than one state
a beneficiary receives public benefits or has special needs
nursing home care is likely within a few years
you want an irrevocable, directed or asset protection trust under Chapter 55-1B or 55-16
you are a successor trustee facing a contest or a creditor dispute

Frequently Asked Questions

Is a South Dakota trust revocable by default?

No. SDCL 55-3-6 reads: "Unless the terms of a trust expressly reserve a power to the settlor to revoke or modify a trust, a trust shall be irrevocable." Most states that follow the Uniform Trust Code presume the opposite. A South Dakota living trust meant to stay changeable has to say, in its own terms, that the settlor can revoke or modify it.

Has South Dakota adopted the Uniform Trust Code?

No. South Dakota trust law sits in Title 55 of the South Dakota Codified Laws, chapters 55-1 through 55-19. A page that cites a Uniform Trust Code section number for South Dakota is quoting a law the state never passed, and the revocation default is the clearest place the two differ.

Do I have to register a South Dakota living trust with a court?

No. SDCL 55-1-56 says the trustee of a trust administered in South Dakota may register it in the court at the trust's principal place of administration. Registration is optional. If a trustee does register, SDCL 55-1-58 seals the registration, and only the settlor, a trustee, a trust advisor or a trust protector can get a certified copy without a court order.

Can a bank demand my whole South Dakota trust document?

A trustee may hand over a certificate of trust instead. SDCL 55-4-51 lists what it contains, and it need not include who inherits. Under 55-4-52 the recipient may ask for excerpts naming the trustee and granting the power to act in the transaction. Under 55-4-55, a person who demands the full instrument on top of the certificate or excerpts is liable for damages if a court finds the demand was not made in good faith.

How long does someone have to contest a South Dakota living trust?

Under SDCL 55-4-57(a), the deadline is the first of several dates, including one year after the settlor's death, or 60 days after the trustee, a trust advisor, a trust protector or the settlor sent the person a copy of the trust and a notice of its existence, the trustee's name and address, and the time allowed to sue.

Can creditors reach a South Dakota living trust after death?

Yes, when the probate estate falls short. SDCL 55-4-58(a) makes a trust that was revocable at the settlor's death answer for the settlor's creditors, estate administration costs, funeral expenses and statutory allowances to a surviving spouse and children, to the extent the probate estate is inadequate. The trustee can shorten the window by mailing notice to known creditors (60 days to present a claim) and publishing notice for unknown ones (four months after first publication).

Does a living trust protect a South Dakota house from Medicaid estate recovery?

No. SDCL 28-6-23 makes certain medical assistance a debt due the Department of Social Services, including nursing facility and home and community based services paid for a person 55 or older. The department's rule, ARSD 67:48:02:01(2), defines the estate for recovery to include property conveyed through a living trust.

Sources:

Title: SDCL 55-3-6, Trust irrevocable in absence of express contrary provisions. Publisher: South Dakota Legislature. Publication Date: SL 2019, ch 209, § 5; accessed 2026-09-27. URL: https://sdlegislature.gov/Statutes/55-3-6
Title: SDCL 55-1-4, Creation of express trust--Words or acts of trustor. Publisher: South Dakota Legislature. Publication Date: SL 2017, ch 204, § 5; accessed 2026-09-27. URL: https://sdlegislature.gov/Statutes/55-1-4
Title: SDCL 55-1-55, Trust enforceable although not funded or without res, corpus, or assets. Publisher: South Dakota Legislature. Publication Date: SL 2016, ch 231, § 14; accessed 2026-09-27. URL: https://sdlegislature.gov/Statutes/55-1-55
Title: SDCL 55-1-56, Registration of trust in court at principal place of administration. Publisher: South Dakota Legislature. Publication Date: SL 2017, ch 204, § 8; accessed 2026-09-27. URL: https://sdlegislature.gov/Statutes/55-1-56
Title: SDCL 55-1-58, Confidentiality of registration. Publisher: South Dakota Legislature. Publication Date: SL 2017, ch 204, § 10; accessed 2026-09-27. URL: https://sdlegislature.gov/Statutes/55-1-58
Title: SDCL 55-2-13, Notice to qualified beneficiaries of existence of trust. Publisher: South Dakota Legislature. Publication Date: SL 2023, ch 161, § 7; accessed 2026-09-27. URL: https://sdlegislature.gov/Statutes/55-2-13
Title: SDCL 55-2-14, Duty to provide information regarding revocable trust and its administration. Publisher: South Dakota Legislature. Publication Date: SL 2007, ch 247, § 9; accessed 2026-09-27. URL: https://sdlegislature.gov/Statutes/55-2-14
Title: SDCL 55-4-30, Power of settlor of trust. Publisher: South Dakota Legislature. Publication Date: SL 2007, ch 247, § 10; accessed 2026-09-27. URL: https://sdlegislature.gov/Statutes/55-4-30
Title: SDCL 55-4-51, Certificate of trust furnished in lieu of copy of trust instrument or will that creates testamentary trust--Contents. Publisher: South Dakota Legislature. Publication Date: SL 2011, ch 212, § 15; accessed 2026-09-27. URL: https://sdlegislature.gov/Statutes/55-4-51
Title: SDCL 55-4-51.1, Recording of certificate of trust--Reliance upon content. Publisher: South Dakota Legislature. Publication Date: SL 2019, ch 209, § 7; accessed 2026-09-27. URL: https://sdlegislature.gov/Statutes/55-4-51.1
Title: SDCL 55-4-55, Liability for bad faith demand for trust instrument. Publisher: South Dakota Legislature. Publication Date: SL 2009, ch 252, § 28; accessed 2026-09-27. URL: https://sdlegislature.gov/Statutes/55-4-55
Title: SDCL 55-4-57, Time for commencing judicial proceeding to contest validity of trust. Publisher: South Dakota Legislature. Publication Date: SL 2017, ch 208, § 35; accessed 2026-09-27. URL: https://sdlegislature.gov/Statutes/55-4-57
Title: SDCL 55-4-58, Presentation of claims against property of trust revocable at settlor's death. Publisher: South Dakota Legislature. Publication Date: SL 2010, ch 232, § 12; accessed 2026-09-27. URL: https://sdlegislature.gov/Statutes/55-4-58
Title: SDCL 55-16-2, Trust instrument defined. Publisher: South Dakota Legislature. Publication Date: SL 2021, ch 207, § 16; accessed 2026-09-27. URL: https://sdlegislature.gov/Statutes/55-16-2
Title: SDCL 43-5-4, Suspension of power to alienate trust as suspension of power of alienation. Publisher: South Dakota Legislature. Publication Date: SL 1983, ch 304, § 8; accessed 2026-09-27. URL: https://sdlegislature.gov/Statutes/43-5-4
Title: SDCL 43-5-8, Rule against perpetuities not in force. Publisher: South Dakota Legislature. Publication Date: SL 1983, ch 304, § 4; accessed 2026-09-27. URL: https://sdlegislature.gov/Statutes/43-5-8
Title: SDCL 29A-2-511, Testamentary additions to trusts. Publisher: South Dakota Legislature. Publication Date: SL 1995, ch 167, § 2-511; accessed 2026-09-27. URL: https://sdlegislature.gov/Statutes/29A-2-511
Title: SDCL 29A-2-804, Revocation of probate and nonprobate transfers by divorce. Publisher: South Dakota Legislature. Publication Date: SL 1995, ch 167, § 2-804; accessed 2026-09-27. URL: https://sdlegislature.gov/Statutes/29A-2-804
Title: SDCL 28-6-23, Medical assistance as debt to department--Recovery of debt. Publisher: South Dakota Legislature. Publication Date: SL 2013, ch 125, § 12; accessed 2026-09-27. URL: https://sdlegislature.gov/Statutes/28-6-23

It is not legal advice.