South Dakota property deeds
Deed rules are state law, and South Dakota's differ from its neighbors 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 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
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, so recording one here may not do 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. 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 |
| 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. |
| Grantee address on the deed | Required |
| Prior deed reference | Optional |
| Spousal joinder | 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). |
South Dakota document formatting rules
A safe layout for South Dakota is 8.5 × 11 inch paper with 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, and no type smaller than 10 point. That is the profile Deedly formats every South Dakota document to. A South Dakota register may not refuse a deed only for a format defect unless it cannot be read or copied (S.D. Codified Laws § 7-9-15).
- Print on white paper of at least 20-pound weight, in black type no smaller than 10 point. Signatures, dates and the notary's certificate may be completed in black or dark blue ink (S.D. Codified Laws § 43-28-23(2), (3)).
- The 3-inch space at the top of page one is shared: the right half is for the register of deeds, and the left half is for the preparer's "Prepared by" block. The title goes directly below that space (S.D. Codified Laws § 43-28-23(4), (5)). Deedly prints the "Prepared by" block and the return address in the left half and the title directly below the space.
South Dakota transfer tax and recording fees
South Dakota charges Real estate transfer fee at $0.50 for each $500 of value or fraction of $500. The grantor pays it by law (S.D. Codified Laws § 43-4-21).
Common exemptions: 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)).
A Certificate of Real Estate Value goes with every deed but a transfer on death deed
South Dakota requires a Certificate of Real Estate Value (Form PT 56) with every deed that transfers an interest, including gifts and other exempt transfers, and a register of deeds may not record a deed without it (S.D. Codified Laws § 7-9-7(4)). A transfer on death deed is the exception (§ 7-9-7(5)). An exempt deed must also state its exemption on its face (§ 43-4-23).
Recording fees run $30 for up to 50 pages and $2 for each page after that. 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)).
See how South Dakota's transfer tax and recording fee compare with other states.
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. 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.
Minnehaha · Pennington · Lincoln · Brown. all South Dakota recording offices
Why deeds get rejected in South Dakota
- 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).
From $29. 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.
$30 for up to 50 pages and $2 for each page after that. South Dakota also charges real estate transfer fee at $0.50 for each $500 of value or fraction of $500.
Yes. The statute is S.D. Codified Laws §§ 29A-6-401 to 29A-6-435. 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
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.