South Dakota gift deed
Here is what South Dakota actually requires on a gift deed. The witness rules, the notary block, the margins, the forms that have to travel with it, and where to record it, plus what the deed does and does not do.
- Recording office
- Register of Deeds
- Witnesses
- Notary only
- Transfer tax
- $0.50 for each $500 of value or fraction of $500
- First-page margin
- 3″ top
- Recording fee
- $30 up to 50 pages
- E-recording
- Approved submitters
What a gift deed does in South Dakota
A gift deed transfers property with no money changing hands, and it says so on its face. Stating the donative intent matters: it can support a transfer-tax exemption in states that tax transfers and it documents that the recipient paid nothing, which is exactly what a recorder, an assessor, and later the IRS will want to see. Mechanically it operates like a quitclaim. Immediate, and without title warranties.
A gift deed operates like a quitclaim deed but states that the transfer is a gift. Where transfer tax is based on the price paid, that usually means little or no tax; this state's exemptions are listed on this page.
The South Dakota law behind this deed
South Dakota has no section written specifically for gift deeds. The instrument runs on the general conveyancing and recording statutes below, which is why the requirements here look like those for any other deed in the state.
| What it governs | Citation |
|---|---|
| Conveyances generally | S.D. Codified Laws § 43-25-1 |
| Recording with the Register of Deeds | S.D. Codified Laws § 43-28-1 |
| Homestead and spousal signature | S.D. Codified Laws §§ 43-31-1, 43-31-17 |
| Transfer tax | S.D. Codified Laws §§ 43-4-21 to 43-4-23 |
Less common in South Dakota
Gift deeds are valid here but used less often than in other states. Read the limitations below carefully before choosing one.
When South Dakota property owners use a gift deed
- Give a house or land to a child or grandchild
- Transfer property to a sibling or parent for no payment
- Record that a transfer is a gift, for tax and title records
- Make a charitable gift of real estate
What South Dakota requires on the deed
These are the execution and formatting rules for South Dakota deeds. A register of deeds may not refuse a deed only for a format defect unless it cannot be read or copied (S.D. Codified Laws § 7-9-15). But a deed must carry the preparer's name, address and telephone number (§ 7-9-1), and a register may not record one without the grantee's post office address or a Certificate of Real Estate Value (§ 7-9-7).
| Requirement | What South Dakota says |
|---|---|
| Recording office | Register of Deeds |
| Notarization | Required. Sign in front of the notary: South Dakota's Secretary of State tells notaries that a document being acknowledged must be signed in the notary's presence. |
| Witnesses | None required. A notarial acknowledgment is enough. |
| Legal description | Required, copied exactly from the prior recorded deed. A street address is not sufficient. |
| Grantee's address | Must appear on the face of the deed. |
| Return address | Include a 'when recorded, return to' block so the original comes back to you. Deedly always prints one. |
| Preparer statement | Required. Every deed must carry the words "Prepared by" followed by the preparer's name, address and telephone number (S.D. Codified Laws § 7-9-1). Deedly asks for the telephone number and prints it with the name and address at the top left of page one. |
| Prior deed reference | Not required, though it keeps the chain of title clean. |
| Page setup | 8.5 × 11 in, a 3-inch space at the top of the first page (the right half for the register of deeds, the top left for the "Prepared by" block and the return address, and the title directly below it), 1-inch margins elsewhere, nothing under 10pt. This is the profile Deedly applies. |
| Accompanying form | Certificate of Real Estate Value (Form PT 56), with every deed that transfers an interest, gifts and other exempt transfers included (S.D. Codified Laws § 7-9-7). |
| Exemption statement | Required on the face of an exempt deed: the words "Exempt from Transfer Fee" and the subdivision of SDCL 43-4-22 that applies, or the register of deeds collects the fee (S.D. Codified Laws §§ 43-4-23, 43-4-24). Deedly prints it below the legal description. |
A spouse may have to sign even if they are not an owner
If you are married and the property is your homestead, your spouse must sign the deed too, unless one of you does not live in South Dakota (S.D. Codified Laws § 43-31-17). Under South Dakota's title standards, a married owner's deed the spouse did not sign is defective unless the record shows the property is not the homestead (Title Standard 5-03).
How to complete and record it in South Dakota
- Find your current deedYou need the legal description from it, word for word. If you can't find your copy, the Register of Deeds can provide one, usually for a few dollars.
- Identify everyone by full legal nameNames must match the current deed and government ID exactly, middle names included. A mismatch creates a gap in the chain of title that shows up years later at closing.
- Complete the deedDeedly builds it with the wording, notary certificate, and 3-inch first-page margin used for South Dakota deeds.
- Sign in front of a notaryBring photo ID. Wait to sign until you are in front of the notary: you have to appear before the notary anyway, and signing there leaves no question about who signed.
- Complete Certificate of Real Estate Value (Form PT 56)South Dakota requires this alongside the deed, including for exempt transfers. Your filing packet explains which boxes apply to your situation.
- Record it with the Register of DeedsFile in the county where the property is located and pay the recording fee. Many South Dakota registers of deeds, but not all, accept e-recording through delivery agents such as Simplifile or CSC. The delivery agent charges its own subscription and per-document fees, so for a single deed recording in person or by mail is usually simpler. Keep the stamped receipt. It fixes your priority date.
- Update insurance and tax recordsA change of ownership can affect your homeowner's policy, your homestead or senior exemption, and in some states the assessed value. Do this within a few weeks.
What it costs in South Dakota
| Cost | Typical amount |
|---|---|
| Recording fee | $30 for up to 50 pages and $2 for each page after that |
| Transfer tax | Real estate transfer fee: $0.50 for each $500 of value or fraction of $500 |
| Notary | South Dakota sets no maximum notary fee (S.D. Codified Laws § 18-1-9, as amended in 2025). |
| Deedly | $29, one time (launch price, regular $39) |
| Attorney (for comparison) | $150–$700 for the same statutory document |
South Dakota charges a real estate transfer fee of $0.50 for each $500 of value or fraction of $500. The grantor pays it by law (S.D. Codified Laws § 43-4-21).
Exemptions that commonly apply to a transfer like this: transfers between spouses or between parent and child for only a nominal payment (SDCL 43-4-22(5)), absolute gifts between individuals with no consideration of any kind (SDCL 43-4-22(16)), deeds into your own living trust and other transfers for which no consideration was given (SDCL 43-4-22(18)), and transfers under a divorce decree or a settlement agreement the decree approves (SDCL 43-4-22(17)). An exempt deed must say "Exempt from Transfer Fee" and cite the subdivision of SDCL 43-4-22 on its face (S.D. Codified Laws § 43-4-23). Deedly prints that line, with the subdivision filled in when your answers show which exemption applies.
Where to record it in South Dakota
South Dakota deeds are recorded with the Register of Deeds in the county where the property sits, not where you live. There are 66 counties in South Dakota.
Many South Dakota registers of deeds, but not all, accept e-recording through delivery agents such as Simplifile or CSC. The delivery agent charges its own subscription and per-document fees, so for a single deed recording in person or by mail is usually simpler.
Recording offices we cover in South Dakota: Minnehaha, Pennington, Lincoln, Brown. See all South Dakota recording offices.
What a gift deed does NOT do
Being honest about the limits is more useful than a sales pitch. Every one of these catches somebody out.
- The recipient takes your original cost basis, not the current market value. A later sale can produce a large capital-gains bill that inheriting the property would have avoided.
- A gift over the annual exclusion requires you to file IRS Form 709, even if no tax is due.
- It is irrevocable once delivered and recorded. You can't take the property back if the relationship changes.
- Gifting a property within Medicaid's look-back period can create a penalty period for long-term-care eligibility.
Quirks of South Dakota law that catch people out
- Page one must say "Prepared by" with the preparer's name, address and telephone number (S.D. Codified Laws § 7-9-1).
- Every deed that transfers an interest needs a Certificate of Real Estate Value (Form PT 56), except a transfer on death deed (§ 7-9-7).
- An exempt deed must say "Exempt from transfer fee" and cite the subdivision of § 43-4-22 on its face (§ 43-4-23).
- The deed must give the grantee's post office address (§ 7-9-7).
- If you are married and the property is your homestead, your spouse must sign too (§ 43-31-17).
How to hold title in South Dakota
When two or more people take title in South Dakota and the deed says nothing more, the law presumes a tenancy in common, which means no automatic survivorship. If you want the survivor to take the whole property, the words have to be on the deed. Forms of co-ownership available in South Dakota: joint tenancy with right of survivorship and tenancy in common.
$29, one time. Your finished deed appears in full before you pay, with South Dakota's witness rules, margins, and recording instructions already applied.
Common questions
No. South Dakota has no requirement that an attorney prepare a deed. What matters is the correct statutory language, an accurate legal description, proper notarization, and recording with the Register of Deeds. Deedly produces all of that for $29, versus roughly $150–$700 for an attorney to draft the same document. If ownership is disputed, the current owner has died without probate, or the transfer is tax-sensitive, use an attorney.
Expect $30 for up to 50 pages and $2 for each page after that. South Dakota also charges real estate transfer fee of $0.50 for each $500 of value or fraction of $500, though whether a gift or family transfer is exempt depends on this state's exemptions, listed on this page. Set by state law and the same in every county: $30 for a document of up to 50 pages, plus $2 for each page over 50 (S.D. Codified Laws § 7-9-15(1)).
No. South Dakota requires only that the grantor's signature be acknowledged before a notary public. Forms that show witness lines are usually generic templates borrowed from another state.
With the Register of Deeds in the county where the property is located, not where you live, and not where the buyer lives. South Dakota has 66 counties. Many South Dakota registers of deeds, but not all, accept e-recording through delivery agents such as Simplifile or CSC. The delivery agent charges its own subscription and per-document fees, so for a single deed recording in person or by mail is usually simpler.
No, and this is the single most common misunderstanding about deeds. A deed changes who owns the property. The mortgage is a separate contract with the lender, and only a refinance or a written release from the lender removes a borrower. Someone can be off the deed and still fully liable on the loan.
Often, yes. If you are married and the property is your homestead, your spouse must sign the deed too, unless one of you does not live in South Dakota (S.D. Codified Laws § 43-31-17). Under South Dakota's title standards, a married owner's deed the spouse did not sign is defective unless the record shows the property is not the homestead (Title Standard 5-03). Your spouse does not become an owner, but must concur in the conveyance of your home. Deedly prints a signature line and acknowledgment for your spouse when you are married and mark the property as your homestead.
Keep reading
- South Dakota quitclaim deedTransfers whatever interest you have in a property, with no promises about the title.
- South Dakota general warranty deedTransfers ownership with the strongest title guarantees the law allows.
- South Dakota special warranty deedTransfers ownership, but only guarantees the title for the period you owned it.
- South Dakota transfer-on-death deedNames who inherits your property, skips probate, and changes nothing while you're alive.
- All deed rules for South DakotaRecording offices, transfer tax, witness rules, and fees.
- South Dakota recording officesWhere to file in each county.
Deedly is not a law firm
Its software and documents are not a substitute for the advice of an attorney. We provide self-help software and state-specific deed forms; you make your own decisions about your property. Using Deedly does not create an attorney-client relationship, and nothing here is legal advice. If your situation is complex or contested, talk to a licensed attorney in your state.