South Dakota Quitclaim Deed Form

Quitclaim Deed Laws and Requirements in South Dakota

These requirements help ensure property is transferred legally through quitclaim deeds in South Dakota, avoiding legal problems for both parties.

Signing Requirements

According to South Dakota Codified Law, Section 43-25-26, all quitclaim deeds must be signed in the presence of a notary public or a subscribing witness. Notarizing or witnessing the signature helps prevent fraudulent transactions and disputes over the deed’s validity.

Additional Forms to Submit

In addition to the quitclaim deed, parties must submit a Certificate of Real Estate Value (Form PT-56) per Section 7-9-7 requirements. This certificate must include the buyer and seller’s names and addresses, the property’s legal description, the actual consideration exchanged, the relationship between the seller and buyer, if any, and the payment terms, if not paid in full at the time of sale.

Recording Requirements

Per Section 43-28-1, once signed and acknowledged, these documents must be recorded with the register of deeds in the county where the property is located.

Language Requirements

South Dakota Codified Law, Section 43-28-23, specifies the format standards for real estate documents that must be adhered to for recording.

Fees

As outlined in Section 7-9-15, the fees for recording quitclaim deeds and other real estate documents are $30 for the first fifty pages and $2 for each subsequent page or fraction thereof.

How to Fill Out and File a Quitclaim Deed in South Dakota

Follow these steps to properly fill out and file a quitclaim deed in South Dakota:

1. Enter the preparer’s name and contact information in the designated section at the beginning of the form.
2. Fill in the names and addresses of the grantor (the person giving up the rights to the property) and the grantee (the person receiving the rights).
3. Specify the consideration as either a monetary amount or a statement of no monetary exchange, indicating the transfer might be a gift.
4. The next section should include the legal description of the property, which can be found in previous deeds or obtained from a local assessor’s office. Details such as the Tax Parcel Number should also be included.
5. The grantor must sign the deed in the presence of a notary public or a subscribing witness to ensure the document’s legality.
6. Once signed, the deed must be notarized. The notary public will fill out the relevant section and confirm the grantor’s identity.
7. File the deed at the local county register of deeds where the property is located. Pay the required recording fees, which vary by county.

Additionally, submit a Certificate of Real Estate Value (Form PT-56), which provides further details about the transaction.

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