Escrow & Title

In South Dakota, 'title by devise' occurs when property is transferred through a:

ACourt-ordered sale
BValid will (last will and testament) at the death of the owner✓ Correct
CDeed executed during the owner's lifetime
DAdverse possession action

Explanation

Title by devise is the transfer of real property through a will. The property passes to the named devisee(s) at the testator's death, typically through probate. This is distinguished from descent (passing by statute when there is no will) and deed conveyance (during lifetime).

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