If you are adding a spouse to title, removing a former spouse, giving property to a family member, moving real estate into a trust, handling an inheritance, or cleaning up ownership records, a South Dakota quitclaim deed may be the document you are looking for.
The deed itself is often the simple part. The details that cause confusion are usually the legal description, notarization, where to record the deed, whether the real estate transfer fee applies to your situation, and whether your spouse should sign because of the property's homestead status.
The good news is that most family gift transfers described on this page are specifically exempt from South Dakota's real estate transfer fee.
Good News for Family Transfers:
South Dakota exempts absolute gifts between individuals from the real estate transfer fee outright. Transfers between spouses, or between parent and child, are also exempt as long as only nominal consideration is involved. Many transfers into or out of a trust, and transfers between an estate's fiduciary and a beneficiary, are exempt as well.
Most deeds still need to be accompanied by a Certificate of Real Estate Value, but for the situations described on this page, the transfer fee itself is often not a cost you need to plan around.
What You Need Before Filling Out the Deed
Before you start typing names into a deed form, gather the information South Dakota registers of deeds commonly expect.
- Current deed or previously recorded deed
- Grantor's full legal name and marital status
- Grantee's full legal name and mailing address
- Complete legal description of the property, plus the tax parcel number
- South Dakota county where the property is located
- Notary acknowledgment or a subscribing witness for the grantor's signature
- A Certificate of Real Estate Value (Form PT-56), unless your transfer is a listed exception
- A note on the property's homestead status, if relevant
- Recording fees and any transfer fee due
How to Fill Out a South Dakota Quitclaim Deed
Step 1: Identify the Correct Register of Deeds
South Dakota deeds are recorded with the Register of Deeds in the county where the real property is located.
South Dakota follows a race-notice recording system, so recording promptly helps protect your interest in the property.
Step 2: Enter the Grantor Information
The grantor is the current owner transferring their interest in the property.
Use the grantor's full legal name and marital status. Reciting marital status helps avoid uncertainty about the chain of title later.
Step 3: Enter the Grantee Information
The grantee is the person receiving the property interest.
South Dakota requires the grantee's current mailing address to be provided to the register of deeds at the time of recording.
Step 4: Choose the Ownership Wording Carefully
If there is more than one grantee, be specific about the ownership form, such as tenants in common or joint tenants with right of survivorship, so the deed reflects exactly what you intend.
Step 5: Add the Legal Description
Use the complete legal description from the current deed or a previously recorded deed. A street address may help identify the property, but it is not a substitute for the full legal description.
Step 6: Consider the Homestead Question
South Dakota deeds may recite whether the property is the grantor's homestead. If the property is a homestead and only one spouse is on title, it's worth confirming whether the other spouse should also sign, since this helps avoid title questions later.
Step 7: Sign and Acknowledge the Deed
The grantor must sign the deed, with the signature acknowledged before a notary public or a subscribing witness .
South Dakota allows Remote Online Notarization (RON) , which lets you meet with a notary by secure live video instead of traveling to an office.
Before choosing online notarization, confirm your county's register of deeds will accept a remotely notarized deed. Learn more on our Remote Online Notarization by State page.
Step 8: Complete the Certificate of Real Estate Value
Most South Dakota deeds must be accompanied by a Certificate of Real Estate Value (Form PT-56), reporting the parties' names and addresses, the legal description, the actual consideration, and any relationship between the parties.
A few document types, including divorce decrees, probate decrees, and easements, don't need this certificate. If your transfer is exempt from the transfer fee, the certificate is still generally expected to note the exemption.
Step 9: Record the Deed
Submit the signed and acknowledged deed, along with the Certificate of Real Estate Value, recording fee, and any transfer fee due, to the Register of Deeds in the county where the property is located.
South Dakota's recording fee is a flat $30 for deeds up to 50 pages, which covers the vast majority of quitclaim deeds.
Will You Owe the Real Estate Transfer Fee?
For a lot of the situations that bring people to this page, the answer is: usually not.
South Dakota exempts absolute gifts between individuals from the real estate transfer fee, regardless of the relationship between the parties. Transfers between spouses, or between parent and child, are also exempt as long as only nominal consideration is involved. Trust transfers and transfers between a fiduciary and a beneficiary are commonly exempt too.
You still generally file the Certificate of Real Estate Value with the deed, noting the exemption, but the fee itself is often not something these transfers need to worry about.
For transfers that do not qualify for an exemption, the fee is $0.50 for every $500 of the property's value, which is on the lower end compared to many other states.
South Dakota Signing and Recording Notes
- South Dakota deeds are recorded with the Register of Deeds in the county where the property is located.
- The grantor's signature must be acknowledged before a notary public or a subscribing witness.
- Use the complete legal description, not just the street address.
- Absolute gifts between individuals are exempt from the real estate transfer fee.
- Spousal and parent-child transfers with nominal consideration are also exempt.
- A Certificate of Real Estate Value is required with most deeds, exempt or not.
- Reciting marital status and homestead status can help avoid future title questions.
- South Dakota follows a race-notice recording system, so prompt recording matters.
- Good-faith quitclaim grantees are specifically protected under South Dakota law.
- Assuming a quitclaim deed changes responsibility for a mortgage is a common misconception.
Official South Dakota Sources
Common South Dakota Quitclaim Deed Mistakes
- Recording in the wrong county
- Using only the street address instead of the legal description
- Forgetting the Certificate of Real Estate Value
- Assuming an exempt transfer doesn't need the certificate filed at all
- Forgetting that the deed needs a notary acknowledgment or subscribing witness
- Leaving off the grantee's mailing address
- Not addressing homestead status when only one spouse is on title
- Using unclear ownership wording when there is more than one grantee
- Delaying recording, given South Dakota's race-notice system
- Assuming a quitclaim deed changes responsibility for a mortgage
How This Fits Into the South Dakota Quitclaim Deed Process
A South Dakota quitclaim deed can be a practical way to update ownership, especially for family gifts, trust transfers, estate planning, and divorce-related transfers.
The key is to prepare the deed carefully, address homestead and marital-status questions, notarize it correctly, and record it promptly with the right register of deeds. Since South Dakota exempts most family gifts from its transfer fee, the paperwork here tends to be lighter than in many other states.
South Dakota Quitclaim Deed FAQ
Where do I record a South Dakota quitclaim deed?
Record the deed with the Register of Deeds in the South Dakota county where the property is located.
Will I owe the transfer fee if I give my house to a family member?
Usually not. South Dakota exempts absolute gifts between individuals from the transfer fee, and also exempts transfers between spouses or between parent and child with only nominal consideration.
Does a South Dakota quitclaim deed need to be notarized?
The grantor's signature must be acknowledged before a notary public or a subscribing witness.
Does South Dakota require anything else besides the deed?
Most deeds must be accompanied by a Certificate of Real Estate Value (Form PT-56), even when exempt from the transfer fee. Divorce decrees, probate decrees, and easements are common exceptions.
Is this legal advice?
No. This page provides general educational information and is not legal advice.