Free South Dakota Quitclaim Deed Form

A South Dakota quitclaim deed without covenants is an instrument for transferring real property that doesn’t warrant the grantor as the true title holder or the title’s quality. If the grantee encounters a claim with the property after the grantor transfers it to them, the grantee will be entirely responsible for addressing it.

However, if the quitclaim deed doesn’t contain the phrase “without covenants,” it will have implied covenants that the grantor must make about the condition of the property’s title.

Table of Contents

• How to File
• Costs and Fees
• South Dakota Quitclaim Deed Requirements
• Quitclaim Deeds vs. Other Property Transfer Methods in South Dakota
• Sample South Dakota Quitclaim Deed
• Frequently Asked Questions

How to File

Filing a quitclaim deed in South Dakota is simple when you know the required steps. Completing and recording your deed correctly protects your ownership rights.

Step 1: Obtain the Legal Property Description

You should be able to locate the property’s legal description on the existing deed. When you find it, simply transcribe the description onto your quitclaim deed.

If you don’t have a copy of the property deed, you can request one from the Register of Deeds Office in the relevant county.

Step 2: Create a Quitclaim Deed Form

Use the statutory language provided under SD Codified Laws § 43-25-7. Ensure the document includes the language “quitclaim deed without covenants” to effect a quitclaim deed without guarantees of ownership or title.

The document should meet formatting requirements established under SD Codified Laws § 43-28-23.

Specific information to incorporate into your deed includes the grantor’s name, a legal description of the property, the grantor’s homestead and marital status, the transfer language and consideration amount, and a statement of exemption from the transfer fee (if applicable).

Step 3: Sign and Notarize the Quitclaim Deed

As the grantor, you should sign the quitclaim deed in the presence of a notary or single subscribing witness, pursuant to SD Codified Laws § 43-25-26.

Some counties may accept electronic signatures under SD Codified Laws § 7-9A, also called the Uniform Real Property Electronic Recording Act. Check with your county recorder’s office before submitting your documents to verify the correct procedures.

Step 4: Complete a Certificate of Real Estate Value Form

Download and complete the state’s PT-56 form, which is a Certificate of Real Estate Value. Ensure the grantee provides a mailing address that can be used for tax notices.

Step 5: Record the Quitclaim With the County Register of Deeds

SD Codified Laws § 43-28-1 requires all deeds, including quitclaim deeds, to be recorded with the Register of Deeds. Ensure to only record the document in the county where the property exists.

Costs and Fees

Filing a quitclaim deed in South Dakota generally involves only a recording fee, but it’s important to verify potential local taxes, too. Knowing the costs ahead of time gives you greater peace of mind.

Filing Fees

South Dakota charges recording fees for quitclaim deeds under SD Codified Laws § 7-9-15. Recording fees are $30 for the first 50 pages plus $2 for each additional page or fraction thereof.

Taxes

Before finalizing your deed, it’s important to understand the taxes that might apply to your transfer.

1. Real Estate Transfer Tax

Per SD Codified Laws § 43-4-21, every transfer of real property is subject to a state-imposed tax called a real estate transfer tax.

Who Pays the Real Estate Transfer Fee?

Per SD Codified Laws § 43-4-21, the grantor should pay the real estate transfer tax.

Exemptions to Real Estate Transfer Taxes

SD Codified Laws § 43-4-22 exempts the following transactions from real estate transfer taxes:

• Transfers by or to the US or South Dakota or any political subdivision.
• Confirmation or correction to a previously executed and recorded deed.
• Transfers between spouses or parents and children with nominal consideration.
• Tax sales, foreclosures, or deeds in lieu of foreclosure.
• Conveyances of partitioned properties.
• Transfers for LLC or corporation mergers, consolidations, or reorganizations.
• Transfers by a corporation’s subsidiary to its parent corporation for no consideration, nominal consideration, or solely for surrender or cancellation of the subsidiary’s stock.
• Conveyances of real estate from a decedent’s estate through a decree of distribution.
• Transfers of property between a grantor and a corporation where the grantor owns the majority of the capital stock.
• Transfers between a corporation and stockholders or creditors (or between an LLC and its members or creditors) to dissolve the organization.
• Transfers of grave sites or cemetery lots.
• Conveyances between individuals as a gift without any consideration.
• Transfers for which no consideration was given.
• Transfers between an LLC and its members.
• Transfers pursuant to a divorce decree, annulment, or separate maintenance.

Per SD Codified Laws § 43-4-23, if your quitclaim deed doesn’t require a transfer fee, you must state “exempt from transfer fee” on the document and indicate which subdivision of SD Codified Laws § 43-4-22 applies.

Real Estate Transfer Fee Rates

A fee of 50 cents per $500 of value or a fraction thereof is charged.

2. US Gift Tax (Form 709)

The state doesn’t charge a gift tax, but the federal government charges a tax for gifts valued over the annual exemption limit. Exemptions change annually, so check with the Internal Revenue Service (IRS) to confirm whether you owe gift tax as the property grantor. If so, complete Form 709 and submit it with your annual income tax return.

3. Capital Gains Tax

South Dakota also doesn’t charge a tax on capital gains. However, you may owe the federal government if you are the grantor and received consideration for the real estate exchange via a quitclaim deed.

The IRS establishes capital gains tax rates each year. Rates vary depending on your taxable income, filing status, and the amount of your capital gain. If you’re unsure whether you owe capital gains tax, consult a real estate attorney or tax preparation professional.

South Dakota Quitclaim Deed Requirements

To be properly recorded, a South Dakota quitclaim deed must meet state legal and formatting standards. Understanding the requirements upfront can help you avoid common mistakes.

Legal Framework

South Dakota quitclaim deed laws establish covenants for real estate transfers unless your quitclaim deed specifically states it is without covenants. SD Codified Laws § 43-25-8 outlines the legal framework for using a quitclaim deed but doesn’t exempt the grantor from implied covenants.

Covenants automatically implied in a property deed include the following, per SD Codified Laws § 43-25-6:

• The grantor is the lawful owner and has the legal right to convey the property
• The property is free of all encumbrances
• The grantor warrants the grantee’s quiet and peaceful possession of the property
• The grantor will uphold the title against lawful claims

A grantor who wants a traditional quitclaim deed should use the term “quitclaim deed without covenants.” This phrasing allows the grantor to transfer their interest in the property without making any guarantees about title or ownership.

Legal Description

Any conveyance of real property, such as a parcel of land and structures permanently attached to the land, must include a legal description of the transferred property. Per SD Codified Laws § 7-9-10, a legal description should be sufficient to perfectly identify the transferred real estate. It may include the following:

• Street address
• City, town, or municipality
• Subdivision name
• Parcel number
• Metes and bounds

Signing

A quitclaim deed must have the grantor’s signature and be witnessed by a notary or single subscribing witness, per SD Codified Laws § 43-25-26. Electronic signatures are acceptable, per SD Codified Laws § 7-9A, also called the Uniform Real Property Electronic Recording Act.

Terminology

SD Codified Laws § 43-25-7 specifies language for a standard quitclaim deed. However, it is important to remember that a standard South Dakota quitclaim deed acts as a special warranty deed. The grantor relinquishes their right to the property, but they are still liable for title or ownership guarantees unless they specifically state that it is a “quitclaim deed without covenants.”

Language should clearly state that there is no implied or express warranty or covenants of title, including covenants and warranties implied in the state’s laws.

Per SD Codified Laws § 43-25-11 and SD Codified Laws § 43-25-10, the following words in a quitclaim deed can also imply covenants if your deed doesn’t state otherwise:

• Remise
• Release
• Quitclaim
• Grant

Additional Documents

When transferring property via a quitclaim deed, you must include a Certificate of Real Estate Value (PT-56) form, per SD Codified Laws § 7-9-7.

The Register of Deeds accepting this certificate should only accept it if it contains the following information:

• The buyer’s and seller’s names and addresses
• The buyer and seller’s relationship (if any)
• The property’s legal description
• The actual consideration the parties exchanged
• The payment terms if the buyer didn’t make a full payment at the time of the sale

Filing

According to SD Codified Laws § 43-28-1, you must record your quitclaim deed with the Register of Deeds in the county where the property is built.

Validity Requirements

SD Codified Laws § 43-28-23 establishes format standards for real estate documents, such as quitclaim deeds. Documents must:

• Be printed on white paper at least 20-pound weight.
• Consist of sheets no larger than 8.5 in. x 14 in. (legal size) and no smaller than 8.5 in. x 11 in. (standard size).
• Be printed or typed in black ink in a 10-point or larger font. Dates, notarial acknowledgments, and signatures can be written in black or dark blue ink.
• Include a 3-inch space at the top of the first page. All other margins in the document must be at least 1 inch.
• Include a prominently displayed title at the top of the first page below the 3-inch space.
• Be legible enough for the register of deeds to produce a readable copy.

Per SD Codified Laws 7-9-15, if your document doesn’t meet the above validity requirements, the Register of Deeds cannot reject it unless it is not sufficiently legible or the office can’t copy it using its reproduction methods.

Content Requirements

Your quitclaim deed must include the following information for the register of deeds to accept it:

• Full names of the grantor and grantee.
• Grantee’s mailing address.
• Deed preparer’s name, address, and phone number.
• Legal property description.
• The property’s homestead status.
• The grantor’s marital status.
• Vesting clause transferring the real estate property.
• Consideration amount.
• Exemption from transfer fee (if relevant).

Quitclaim Deeds vs. Other Property Transfer Methods in South Dakota

Sample South Dakota Quitclaim Deed

View a free sample South Dakota quitclaim deed. You can quickly customize it with our online editor and download it in PDF or Word.

south-dakota-quitclaim-deed

Frequently Asked Questions