South Dakota Quitclaim Deed: Requirements, Recording and Fees

A South Dakota quitclaim deed follows the standard form in SDCL 43-25-7, in which the grantor "conveys and quitclaims" all interest in the described real estate; it passes whatever the grantor owns and, unless restricted, carries two limited implied covenants (43-25-11). The deed must be acknowledged, carry a "prepared by" legend, and be recorded, with a PT 56 certificate of value, with the register of deeds of the county where the property lies, and a married owner's spouse must also sign a deed of the homestead. For other states, see our guide to quitclaim deed rules by state.

Information last verified on 2026-10-10. This article has not been reviewed by a licensed lawyer.

Jurisdiction scope: This article covers South Dakota law on quitclaim deeds: the conveyancing statutes in SDCL chapter 43-25, the recording statutes in chapter 43-28 and the register of deeds statutes in Title 7, the homestead conveyance rule in 43-31-17, the real estate transfer fee in 43-4-21 to 43-4-26, and the transfer on death deed in chapter 29A-6, with federal mortgage and gift-tax points where they affect a family transfer. It does not cover title insurance, a lender's own rules, property tax assessment practice, local charges beyond the statutory fees, or other states' laws.

What a quitclaim deed does in South Dakota

South Dakota writes the quitclaim deed into its statutes. Section 43-25-7 says, "The standard form of quitclaim deeds in this state is as follows," and the form has the grantor, "for and in consideration of ________ dollars," state that the grantor "conveys and quitclaims to ________, the grantee, of ________ P. O. all interest in the following described real estate in the county of ________ in the State of South Dakota." Other forms are not excluded (43-25-9).

The deed passes whatever the grantor has. Under 43-25-8, "Every such instrument, duly executed, shall be a conveyance to the grantee, his heirs, and assigns, of all right, title, and interest of the grantor in the premises described, but shall not extend to after - acquired title, unless words expressing such intention be added."

South Dakota quitclaims carry two implied covenants

A South Dakota quitclaim is not a bare release. Under 43-25-11, the words "remise," "release" or "quitclaim" in a conveyance imply two covenants unless the deed's express terms restrict them:

• "That previous to the time of the execution of such conveyance the grantor has not conveyed the same estate or any right, title, or interest therein to any person other than the grantee"; and
• that the estate is free from encumbrances made or suffered by the grantor.

Those covenants cover only the grantor's own acts. A quitclaim deed does not warrant the title against claims by others or promise that the grantor owns anything at all. For how a full warranty deed compares, see quitclaim vs. warranty deeds.

The only official quitclaim "form" is the statutory text in 43-25-7. No state agency publishes a fill-in quitclaim deed. The Department of Revenue does publish one form that must go with the deed: the PT 56 Certificate of Real Estate Value required by 7-9-7(4) (see the transfer fee section below). The register of deeds can explain recording requirements but cannot give legal advice, and a lawyer licensed in South Dakota can prepare the deed.

South Dakota quitclaim deed requirements

Acknowledgment and witnesses

Under 43-28-8, "Before an instrument can be recorded," its execution must be acknowledged by the person executing it, or proved as chapter 18-4 provides, and certified as that chapter requires. The standard form has a signature line and an acknowledgment, not witness lines.

A subscribing witness is an alternative route, not a requirement. Under 43-25-26, a grant that is not duly acknowledged "must, to entitle the grant to be recorded, be proved by a subscribing witness, or as otherwise provided in" 43-28-8 and 43-28-10.

Prepared-by legend and grantee address

Under 7-9-1, "Any document presented for recording with the register of deeds shall contain a typed, stamped, or printed legend stating the words, prepared by, followed by the name, address, and telephone number of the preparer." Documents dated before July 1, 1994, documents prepared by a government, and court-certified documents are exempt. A person who prepares their own deed is the preparer.

Under 43-28-21, "Every grantee who has a real estate conveyance recorded shall, at the time such conveyance is presented for recording, provide the register of deeds with his current legal mailing address." The standard form also lists the grantee's post office.

Recitals in a recorded deed about the grantor's marital status, homestead status or identity are prima facie evidence of their truth (43-28-19), so stating them helps later title work.

Formatting rules

Section 43-28-23 sets the format:

• sheets no larger than 8.5 by 14 inches and no smaller than 8.5 by 11 inches, on white paper of at least 20-pound weight;
• black ink and type no smaller than 10-point (dates, acknowledgments and signatures may be in blue ink if dark enough);
• a blank space of at least 3 inches at the top of the first page, with the right half for the register's recording information and the left half for the prepared-by legend;
• all other margins at least 1 inch, and a title displayed below the top space;
• legible enough to reproduce.

A deed that misses some of these rules still has the same effect for recording and priority, and the register may not reject it solely for noncompliance unless it is illegible (43-28-23, 7-9-15(1)).

Does a spouse have to sign a South Dakota quitclaim deed?

For a homestead, yes. Under 43-31-17, "A conveyance or encumbrance of a homestead by its owner, if married and both husband and wife are residents of this state, is valid if both husband and wife concur in and sign or execute such conveyance or encumbrance either by joint instrument or by separate instruments." The statute has a narrow exception involving a servicemember's spouse seeking a VA home loan. The homestead is the house the owner uses as a home (43-31-2).

The homestead statute does not answer whether a spouse who is not on title must sign a deed of other property, such as a rental or vacant land. Ask a South Dakota lawyer before recording that kind of deed. If the deed is part of a divorce, see our guide to South Dakota divorce laws.

Recording a quitclaim deed with the register of deeds

Under 43-28-1, "Instruments entitled to be recorded must be recorded by the register of deeds of the county in which the real property affected thereby is situated." Once recorded, the deed becomes part of the county land records; see our guide to South Dakota property records.

What recording does

Recording protects the new owner against later buyers and lenders. Under 43-28-14, "An unrecorded instrument is valid as between the parties thereto and those who have notice thereof." But under 43-28-17, "Every conveyance of real property other than a lease for a term not exceeding one year is void as against any subsequent purchaser or encumbrancer including an assignee of a mortgage, lease, or other conditional estate of the same property, or any part thereof in good faith and for a valuable consideration whose conveyance is first duly recorded."

That protection runs to a later purchaser or encumbrancer who takes in good faith and for a valuable consideration. A grantee who receives the property as a gift does not fit that description, so record a gift quitclaim promptly.

Recording fees

South Dakota sets the recording fee by statute. Under 7-9-15(1), the register charges "For recording deeds, mortgages, and all other instruments not specifically provided for in this section or this code, the sum of thirty dollars for the first fifty pages plus two dollars for each additional page or fraction thereof exceeding fifty pages." The transfer fee, if due, is collected separately at recording. Ask the register for the total before you go.

E-recording

A register of deeds may accept electronic documents for recording, and one who does "shall continue to accept paper documents as authorized by state law" (7-9A-3). Ask the county register whether it accepts electronic recording.

South Dakota real estate transfer fee on a quitclaim deed

South Dakota charges a transfer fee rather than a tax. Under 43-4-21, "A fee is hereby imposed at the rate of fifty cents for each five hundred dollars of value or fraction thereof upon the privilege of transferring title to real property in the State of South Dakota, which fee shall be paid by the grantor." For a deed that is not a gift, value is the full consideration paid or to be paid (43-4-20(4)).

The register of deeds collects the fee when the deed is recorded, based on the value declared, and notes the fee on the face of the deed (43-4-24). Separately, under SDCL 7-9-7(4) the register may not accept a deed used to transfer an interest in real property unless it is accompanied by a certificate of value showing the names and addresses of the buyer and seller, the legal description, the actual consideration, any relationship between the buyer and seller, and the payment terms if not paid in full at the sale. The South Dakota Department of Revenue's form is the PT 56 Certificate of Real Estate Value, which the department says "must be filed with any deed or contract for deed," including a quit claim deed. A transfer fee exemption is claimed on the deed itself (43-4-23).

Exemptions that fit quitclaim deeds

An exempt deed must be marked. Under 43-4-23, each transfer not subject to the fee "shall have the words 'exempt from transfer fee' stated thereon and indicate the applicable subdivision of" 43-4-22. Falsely claiming an exemption carries a criminal penalty: under 43-4-26, "A violation of this section is a Class 1 misdemeanor."

Property tax after a quitclaim in South Dakota

"Each owner-occupied single-family dwelling in this state is specifically classified for the purpose of taxation" (SDCL 10-13-39), and a person may have only one such classified principal residence. The classification stays with the property only until ownership is transferred (SDCL 10-13-40). A new owner who lives in the home must certify again: for property already classified as owner-occupied, by completing the certificate of value filed at the time of the transfer, or otherwise by submitting the owner-occupant certificate to the county director of equalization by March 15.

The 2026 Legislature changed this area: 10-13-39 was amended by SL 2026, ch 46, and 10-6-134 was repealed by SL 2026, ch 41. Ask the county how a transfer affects the property's classification and assessment under the current law.

Mortgages and quitclaim deeds

South Dakota's deed statutes deal with title, not the loan. A deed does not remove anyone from a mortgage; only the lender can release a borrower. Under 12 CFR 191.5(b)(4), if, before the transfer, the lender and the new owner agree in writing that the new owner will be obligated on the loan, then on that agreement "a lender shall release the existing borrower from all obligations under the loan instruments."

Federal law limits when a lender can call a home loan due because of a transfer. Under 12 U.S.C. 1701j-3(d), for a loan on residential property with fewer than five dwelling units, a lender may not use a due-on-sale clause for certain transfers, including a transfer where the borrower's spouse or children become an owner and a transfer on the death of a joint tenant or tenant by the entirety. The federal regulation, 12 CFR 191.5(b), applies these limits to a loan on a home occupied or to be occupied by the borrower, and covers:

• a transfer where the spouse or children become an owner, or a transfer from a divorce decree, legal separation agreement or property settlement by which the spouse becomes an owner, where the person taking title occupies or will occupy the property (12 CFR 191.5(b)(1)(v));
• a transfer into a living (inter vivos) trust in which the borrower is and remains the beneficiary and occupant, unless the borrower refuses to give the lender reasonable means of notice of later transfers (12 CFR 191.5(b)(1)(vi)).

These limits are conditional, and a lender keeps the right to enforce the clause if a later event disqualifies the transfer (12 CFR 191.5(b)(5)). Transfers outside the listed categories, such as to a sibling or friend, are not covered. Talk to the lender before signing. Federal servicing rules also recognize a "successor in interest," such as a spouse or child who receives an ownership interest from a borrower (12 CFR 1024.31).

Federal gift tax on a quitclaim to a family member

Giving property away by quitclaim can be a gift for federal tax purposes. The IRS says the gift tax "applies to the transfer by gift of any type of property." For 2026, "the annual exclusion for gifts remains at $19,000" per recipient. The IRS lists gifts to your spouse among gifts that are not taxable and says the donor is generally responsible for paying any gift tax. If your spouse is not a U.S. citizen, the IRS limits tax-free gifts to that spouse to an annual exclusion of $194,000 for 2026.

The IRS also says the recipient's basis in gifted property is generally the same as the donor's basis. Ask a tax professional before deeding a home as a gift; this page does not give tax advice.

Deed fraud protections in South Dakota

Some South Dakota registers of deeds offer a free alert service called Land Notification, which lets an owner monitor a name or parcel and get an email or text when a document is recorded. Oglala Lakota County's announcement explains its limits: "While Land Notification does not prevent fraud, it provides an early warning system for property owners to take appropriate action should they determine possible fraudulent activity has taken place." Ask your county register of deeds whether it participates.

The FBI's Internet Crime Complaint Center gives the same advice nationally: "Check if your County Recorder, Register of Deeds, County Appraisal District, or County Clerk’s Office offer notification services and send an automated email or text when a legal document is recorded using your name" (IC3 PSA I-061626-PSA).

Transfer on death deeds as an alternative

If the goal is to pass a home at death rather than now, South Dakota authorizes a transfer on death deed under SDCL 29A-6-401 to 29A-6-435. Under 29A-6-408, it must contain the elements of a recordable deed, state that the transfer occurs at the transferor's death, and "Be recorded before the transferor's death in the public records in the office of the register of deeds in the county where the property is located." It is revocable (29A-6-405), and the property passes without warranty of title (29A-6-418).

For what happens when an owner dies without one, see our guide to South Dakota probate.

Common myths about South Dakota quitclaim deeds

• "A quitclaim carries no promises at all." In South Dakota the word "quitclaim" implies that the grantor has not conveyed the same estate to anyone else and that the estate is free of encumbrances made or suffered by the grantor, unless the deed expressly restricts those covenants (43-25-11).
• "A quitclaim is not valid until it is recorded." An unrecorded deed is valid between the parties and those with notice (43-28-14); it is void only against a later good-faith purchaser or encumbrancer for value who records first (43-28-17).
• "There is no fee on a gift deed, so nothing to do." An absolute gift is exempt, but the deed must state "exempt from transfer fee" and the subdivision claimed (43-4-23), and a violation of 43-4-26 is a Class 1 misdemeanor. The Department of Revenue also says the PT 56 certificate of value must be filed with any deed (7-9-7(4)).
• "A quitclaim takes me off the mortgage." No. Only the lender can release a borrower (12 CFR 191.5(b)(4)).

Related

• Quitclaim deed rules by state
• South Dakota property records
• Quitclaim vs. warranty deeds
• South Dakota divorce laws
• South Dakota probate

This article provides general legal information about South Dakota law on quitclaim deeds, verified on 2026-10-10. It is not legal or tax advice. For your situation, contact your county register of deeds (who cannot give legal advice), a legal aid office, or a lawyer licensed in South Dakota.

Last updated: 2026-10-10.

Frequently Asked Questions

How do I file a quitclaim deed in South Dakota?

The grantor signs the deed and acknowledges it (SDCL 43-28-8), with the spouse signing too if the property is a homestead and both spouses are residents (43-31-17). The deed needs a "prepared by" legend (7-9-1); then record it with the county register of deeds (43-28-1) with a PT 56 certificate of value (7-9-7(4)), giving a current grantee mailing address (43-28-21) and paying the recording fee and any transfer fee.

Does a quitclaim deed need to be notarized in South Dakota?

Before a deed can be recorded, its execution must be acknowledged by the person executing it, or proved as chapter 18-4 provides (43-28-8). A deed that is not acknowledged can be recorded only if it is proved by a subscribing witness or as 43-28-8 and 43-28-10 provide (43-25-26).

Does a South Dakota quitclaim deed carry any warranty?

Not a general warranty of title, but it is not covenant-free. Under 43-25-11, unless restricted by its express terms, a quitclaim implies that the grantor has not previously conveyed the same estate to anyone else and that the estate is free from encumbrances made or suffered by the grantor.

How much does it cost to record a quitclaim deed in South Dakota?

The statutory fee is $30 for the first fifty pages plus $2 for each additional page (7-9-15). The register also collects the transfer fee at recording unless the deed is marked exempt.

Do you pay transfer tax on a quitclaim deed in South Dakota?

South Dakota charges a transfer fee, paid by the grantor, of fifty cents for each $500 of value or fraction of $500 (43-4-21). An absolute gift without consideration of any kind is exempt (43-4-22(16)), but the deed must state "exempt from transfer fee" and the subdivision claimed (43-4-23).

Does my spouse have to sign a quitclaim deed in South Dakota?

If the property is a homestead and the owner is married with both spouses living in South Dakota, the conveyance is valid if both spouses sign, by joint or separate instruments (43-31-17). Ask a South Dakota lawyer about property that is not a homestead.

Does a quitclaim deed remove me from the mortgage?

No. Under 12 CFR 191.5(b)(4), a lender releases a borrower only when, before the transfer, the lender and the new owner agree in writing that the new owner is obligated on the loan.