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Free Quit Claim Deed Form — South Dakota
Use this free South Dakota quit claim deed form to transfer real property between individuals, family members, corporations, or trusts. Deeds are recorded with the Register of Deeds in the county where the property is located. South Dakota has no state real estate transfer tax, making it one of the simpler states for deed recording. The deed must include the preparer's name and address.
Common Uses for a Quit Claim Deed in South Dakota
South Dakota quit claim deeds are commonly used to transfer property between spouses in connection with divorce or marriage, to gift property from parents to adult children, and to transfer farmland and ranch property between family generations. South Dakota's favorable trust laws make it a popular state for estate planning, and many property owners transfer real estate into trusts. Real estate investors move property into LLCs. Correcting errors from previously recorded deeds is another frequent use.
South Dakota Quit Claim Deed Form
South Dakota Quit Claim Deed Form
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Your deed needs to be notarized before recording
All quit claim deeds must be notarized to be legally valid. Notarize online from your phone or computer — no travel required, available 24/7.
South Dakota Quit Claim Deed Requirements
Before recording a quit claim deed in South Dakota, make sure the document meets these requirements:
- ✓Deed must be in writing and signed by the grantor(s)
- ✓Grantor's signature must be acknowledged before a notary public
- ✓Property must be identified by its legal description
- ✓Deed must name the grantor(s) and grantee(s) by full legal name
- ✓Preparer's name and address must appear on the deed
- ✓Must be recorded with the Register of Deeds in the county of the property
- ✓No state real estate transfer tax in South Dakota
- ✓Recording fees are paid at time of filing
After You Record Your Deed in South Dakota
After the Register of Deeds records your deed, the original is returned to the grantee or the designated address. Recording times and fees vary by county. The Register updates the official land records, and the county director of equalization (assessor) uses the recorded deed to update property tax ownership. Because South Dakota has no transfer tax, the only cost at recording is the filing fee. The grantee should update their mailing address with the county treasurer for future property tax bills.
South Dakota Quit Claim Deed FAQ
Does a quit claim deed need to be notarized in South Dakota?
Yes. South Dakota requires the grantor's signature to be acknowledged before a notary public before the deed can be recorded. Online notarization through a service like NotaryLive is accepted in South Dakota.
Where do I record a quit claim deed in South Dakota?
You file the deed with the Register of Deeds in the county where the property is located. South Dakota has 66 counties, each with its own Register of Deeds. Recording fees vary by county.
Is there a transfer tax in South Dakota?
No. South Dakota does not impose a state real estate transfer tax. The only cost at recording is the county filing fee, which varies by county. South Dakota is one of the most cost-effective states for recording a deed.
Can I use a quit claim deed to transfer property to a family member in South Dakota?
Yes. Family transfers are straightforward in South Dakota because there is no transfer tax. Common uses include parent-to-child gifts, transfers between spouses following divorce, and transfers into revocable or irrevocable trusts. The recording fee is the only cost beyond deed preparation.
What is a legal description and where do I find it in South Dakota?
A legal description in South Dakota is typically a government survey description using township, range, and section for agricultural and rural land, or a lot and block description for platted subdivision property. You can find the legal description on your existing deed, your title insurance commitment, or through the county Register of Deeds records. A street address is not sufficient.
What happens after I record my quit claim deed in South Dakota?
After the Register of Deeds records your deed, the original is returned to the grantee. The official land records are updated, and the county director of equalization is notified to update property tax ownership records. South Dakota property taxes are collected by county treasurers. The grantee should update their mailing address with the county treasurer to ensure future tax statements are delivered correctly. The grantee is responsible for South Dakota property taxes from the date of transfer.
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