Quitclaim deeds in South Dakota can be complicated, especially when it comes to legal covenants and warranties. Following these steps can help you avoid legal issues when using a quitclaim deed to transfer property or update an existing deed.
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.
