Quitclaim Deeds and Transferring Property in South Dakota

Before a deed can be recorded, the person signing it must acknowledge it (for example, before a notary public), or its execution must be proved as provided by law. Deeds are recorded with the register of deeds of the county where the land is located. A real estate transfer fee of 50 cents per $500 of value (or fraction) is paid by the grantor and collected by the register of deeds; exemptions include absolute gifts, transfers for no consideration, nominal-consideration transfers between spouses or between parent and child, and transfers under a decree of distribution in an estate. A Certificate of Real Estate Value (Form PT 56) must be filed with any deed (including quitclaim deeds); probate decrees are exempt.

Yes. South Dakota has adopted the Uniform Real Property Transfer on Death Act. A transfer on death deed must contain the essential elements and formalities of a recordable deed, state that the transfer occurs at the owner's death, and be recorded with the register of deeds in the county where the property is located before the owner dies. Notice, delivery, acceptance and consideration are not required, and the deed is revocable, but only by a later recorded instrument (a new transfer on death deed, a revocation, or a deed that expressly revokes it) that is acknowledged and recorded before death. After death, the beneficiary records a sworn affidavit of confirmation with the register of deeds, with a certified death certificate and a statement that the Department of Social Services was notified of the death. The statute includes optional forms for the deed, revocation and affidavit of confirmation.