South Dakota property deeds
Deed rules are state law, and South Dakota's differ from its neighbours in ways that decide whether your document records or comes back. Here is the whole picture: which deeds exist here, how they have to be signed, what the recorder wants on the page, and what it costs.
- Recording office
- Register of Deeds
- Witnesses
- Notary only
- Transfer tax
- $0.50 per $500 of value
- First-page margin
- 3″ top
- Recording fee
- ~$30 first page
- E-recording
- Generally available
Deeds South Dakota recognizes
| Deed | What it does | Available? |
|---|---|---|
| Quitclaim deed | Transfers whatever interest you have in a property, with no promises about the title. | Yes |
| General warranty deed | Transfers ownership with the strongest title guarantees the law allows. | Yes |
| Special warranty deed | Transfers ownership, but only guarantees the title for the period you owned it. | Yes |
| Transfer-on-death deed | Names who inherits your property, skips probate, and changes nothing while you're alive. | Yes |
| Lady bird deed | An enhanced life estate deed: you keep total control for life, and the property passes automatically at death. | No |
| Life estate deed | You keep the right to live in the property for life; named remaindermen own it after you. | Yes, less common |
| Gift deed | Transfers property to someone as an outright gift, for no payment. | Yes, less common |
South Dakota does not recognize lady bird deeds. Recording one here wouldn't achieve what you want.
How a deed has to be signed in South Dakota
South Dakota requires the grantor's signature to be acknowledged before a notary public. No witnesses are required.
| Requirement | Rule |
|---|---|
| Notarization | Required for every signature |
| Witnesses | None |
| Preparer statement | Customary, not required |
| Grantee address on the deed | Required |
| Prior deed reference | Optional |
| Spousal joinder | Both spouses must join to convey a homestead (S.D. Codified Laws § 43-31-17). |
South Dakota document formatting rules
Registers of deeds in South Dakota expect 8.5 × 11 inch paper with a 3-inch top margin on the first page and 1-inch margins elsewhere. Type must be at least 10 point. That top margin is the recorder's stamp area. Writing into it is the most common formatting rejection there is.
South Dakota transfer tax and recording fees
South Dakota charges Real estate transfer fee at $0.50 per $500 of value. Customarily paid by the grantor.
Common exemptions: transfers between spouses, gifts with no consideration, and transfers to or from a revocable trust.
A form has to travel with the deed
South Dakota requires Certificate of Value with most recorded deeds, including gifts and other exempt transfers. Recorders reject packages that are missing it.
Recording fees run about $30 for the first page. Typical figure. Counties set their own fees. Confirm with your recorder before mailing.
How to hold title in South Dakota
- Sole ownership. One person owns everything.
- Tenancy in common. Separate, divisible shares with no survivorship. A deceased owner's share goes to their heirs.
- Joint tenancy with right of survivorship. Equal shares; the survivor takes the whole property automatically.
Where to record a deed in South Dakota
Deeds are recorded with the Register of Deeds in the county where the property is located. South Dakota has 66 counties. Most offices accept e-recording through a submitting service, which is usually same-day.
Minnehaha · Pennington · Lincoln · Brown. all South Dakota recording offices
Why deeds get rejected in South Dakota
- South Dakota's transfer fee is one of the lowest in the country at $0.50 per $500.
- A Certificate of Value must accompany most deeds.
- South Dakota recognizes transfer-on-death deeds under its Uniform Real Property Transfer on Death Act.
- Both spouses must join to convey homestead property.
From $39. Every South Dakota rule above is applied automatically, and you read the finished document before you pay.
Common questions
You sign a deed, have it notarized, and record it with the Register of Deeds in the county where the property sits. Which deed depends on what you're doing: a quitclaim for family transfers and adding or removing a name, a warranty deed for a sale, and a transfer-on-death deed for probate avoidance.
No. South Dakota does not require an attorney to prepare or record a deed. Use one when ownership is disputed, when the owner has died and the estate has not been probated, when the estate is large enough to owe tax, or when Medicaid planning is involved.
About $30 for the first page. South Dakota also charges real estate transfer fee at $0.50 per $500 of value.
Yes. The statute is S.D. Codified Laws ch. 29A-6-401 et seq. It must be recorded before the owner's death to be effective.
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.
- South Dakota recording officesWhere to file in each county, with fees and contact details.
- Compare all 51 jurisdictionsWitness rules, transfer taxes, and recording fees side by side.
Deedly is not a law firm
We provide self-help software and state-specific statutory 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.