South Dakota Quitclaim Deed Form

Last Updated: March 24, 2024 by Rukshani Lye

Pg 1 6 on iPropertyManagement.com
.PDF .DOC Create Document

Last Updated: March 24, 2024 by Rukshani Lye

What is a Quitclaim Deed in South Dakota? 

In South Dakota, a quitclaim deed transfers property from an owner (“Grantor”) to a new owner (“Grantee”) with a limited warranty. The Grantor promises that during their period of ownership, the property was not transferred to anyone else and is free from any legal claims or burdens at the time of the transfer.

A quitclaim deed without covenants, on the other hand, transfers property without a guarantee on the property’s title.

The most common use of quitclaim deeds without covenants is between parties with high levels of trust, such as family members or close friends.

Read more

What is the Difference Between Quitclaim Deeds and Warranty Deeds in South Dakota?

The main difference between quitclaim deeds and warranty deeds in South Dakota is that a quitclaim deed provides less security to the Grantee. 

Warranty deeds ensure the Grantor’s complete ownership of the property, free from any title issues throughout its history.

Special Warranty Deeds

In South Dakota, a special warranty deed is similar to a quitclaim deed in that both instruments involve the Grantor promising that the deed is free from title issues caused by them during their period of ownership.

Warranty deeds are mostly used for real estate transactions in South Dakota.

Read more

How Do Quitclaim Deeds Work in South Dakota?

Laws surrounding quitclaim deeds are found under Chapter 43 of South Dakota’s Codified Laws titled Property.

A quitclaim deed without covenant in South Dakota must clearly state that no warranties are included in the transfer. The deed must state that the Grantor “conveys and quitclaims the property without covenants of title and disclaiming all expressed or implied warranty under the law of South Dakota.

The term “grant” is not used in South Dakota quitclaim deed without covenant as it implies warranty.

Once prepared, the quitclaim deed must be filed at the Register of Deeds in the county where the property is located.

Can You Prepare Your Own Quitclaim Deed in South Dakota?

You can prepare your own quitclaim deed in South Dakota. A professional drafter is not legally required. 

The name and address of the individual who prepared the deed, however, must be mentioned under “Prepared by.”

South Dakota Quitclaim Deed Requirements

For a quitclaim to be legally valid in South Dakota, the deed must follow certain state-specific rules.

Formatting Requirements

Formatting requirements for quitclaim deeds in South Dakota include:

  1. Paper size: must be between 8.5 x 11 (letter) and 8.5 x 14 (legal).   
  2. Paper quality: 20 lbs; white color only.
  3. Font: minimum size 10-point type; black or blue.
  4. Text: printed, typed, or computer-generated in black ink.
  5. Margins should be as follows:
    • First page: right side must have a minimum of 3 inches on the top for official use.
    • The left side of the margin (above) must have the preparer’s information.
    • All remaining pages and sides must be 1 inch.

    Content Requirements

    Remaining content requirements for quitclaim deeds in South Dakota include:

    1. The Grantor’s name and address.
    2. The Grantee’s name and address. 
    3. The Grantor’s marital status, and spouse’s name (if any).
    4. The Grantee’s marital status, and spouse’s name (if any)
    5. Return name and address.
    6. Preparer’s name and address.
    7. The title “Quitclaim.”
    8. If the transfer is tax-exempt, the basis of the exemption must be on the first page.
    9. The property address.
    10. The property’s homestead status.
    11. Property’s legal description. 
    12. Granting clause – a statement describing the transfer the parties have agreed to.
    13. Consideration – the value or the amount of money exchanged.

    Who Signs a Quitclaim Deed in South Dakota?

    For a quitclaim deed to be legally valid in South Dakota, it must be signed by the Grantor. The Grantor’s signature must be acknowledged by a notary public or a subscribing witness.

    If the Grantor is married, and if the property is a homestead, both spouses must sign the quitclaim deed.

    How to File a Quitclaim Deed in South Dakota 

    Here’s how to file a quitclaim deed in South Dakota: 

    1. Prepare the quitclaim deed with the required information.
    2. Certificate of Real Estate Value.
      • All quitclaim deeds transferring property in South Dakota must be accompanied by a certificate of real estate value (Form PT 56) 
      • The Certificate must be submitted with the deed when filing. 
    3. Property Disclosure Statement.
      • All quitclaim deeds used for the sale and transfer of residential real estate ownership must be accompanied by a Property Disclosure Statement.
      • Many transfers generally filed under quitclaim deeds are exempt from the requirement to file the Disclosure, including:
        • Transfers between co-owners.
        • Transfers to family members in a direct line of descent.
        • Transfers between spouses due to divorce or separation agreements.
        • Transfers that fix errors in previously recorded deeds without changing ownership.
    4. Ensure the Grantor signs and executes the quitclaim deed before a notary public, justice, or commissioner. Once prepared, the quitclaim deed must be filed at the Register of Deeds in the county where the property is located.

              How Much Does it Cost to File a Quitclaim Deed in South Dakota?

              In South Dakota, the minimum charges for filing a quitclaim deed are as follows:

              • Fee for the first 50 pages: $30.
              • Fee for each additional page: $2.

              What Taxes Are Owed on Quitclaim Deeds in South Dakota?

              In South Dakota, the transfer of property using a quitclaim deed triggers the following tax:

              Real Estate Transfer Fee:

              • Tax rate: $0.50 per $500, or fractional part thereof.
              • The tax (or ‘Fee’) is calculated based on the value of the property.
              • The Grantor is responsible for paying the transfer tax when recording the quitclaim deed at the Register of Deeds.
              • Many transfers that are generally filed under quitclaim deeds are exempt from South Dakota’s Property Transfer Tax, including:
                • Deeds confirming or correcting a previously recorded deed.
                • Transfers between spouses or between parents and children with nominal consideration.
                • Deeds drawn during partition proceedings.
                • Transfers resulting from corporate mergers, consolidations, or reorganizations.

              Moreover, federal taxes such as Gift Tax and Capital Gains Tax may also be applicable.

              Read more

               How Long Does a Quitclaim Deed Take to be Recorded in South Dakota?

              The time it takes to record a quitclaim deed in South Dakota Varies by county; however, most Register of Deeds offices process the document within a few business days or weeks. 

              What Happens After a Quitclaim Deed is Recorded in South Dakota?

              When a quitclaim deed is submitted to the county Register of Deeds, it undergoes an initial check to ensure compliance with regulations. If the deed is clear of any previous filings, the document is stamped, indexed by assigning a book and page number, and entered into the state system of records.

              Finally, the original deed is mailed back to the address on file, and a public record of the transfer of the property’s ownership is officially established.

              How Long Are Quitclaim Deeds Valid For in South Dakota? 

              There is no expiration for quitclaim deeds in South Dakota. However, the statute of limitations for a breach of a written contract is 6 years.

              Sources