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South Dakota Quitclaim Deed Form (2026): Requirements, Notary, Recording Fee

Updated October 11, 2026. Quick answer: Before an instrument can be recorded, its execution must be acknowledged by the person executing it (or proved as provided by law), unless it falls in an excepted class. The register of deeds charges thirty dollars for recording a deed of up to fifty pages, plus two dollars per additional page.

South Dakota quitclaim deed at a glance

ItemWhat the documents say
SigningSouth Dakota requires a transfer of an estate in real property to be an instrument in writing subscribed (signed) by the party disposing of it.
WitnessesNot found in the documents read
Notary or acknowledgmentBefore an instrument can be recorded, its execution must be acknowledged by the person executing it (or proved as provided by law), unless it falls in an excepted class.
Statutory quitclaim formSection 43-25-7 sets out a standard form of quitclaim deed.
Where to record, and the feeRegister of deeds of the county where the property is located. The register of deeds charges thirty dollars for recording a deed of up to fifty pages, plus two dollars per additional page.
State transfer taxSouth Dakota imposes a real estate transfer fee of fifty cents for each five hundred dollars of value or fraction thereof, paid by the grantor. The register of deeds collects it when the deed is recorded, based on the value declared, and the proceeds go to the county general fund.
Gift from a parent to a childThe fee does not apply to a transfer between husband and wife, or parent and child, with only nominal actual consideration. It also does not apply to an absolute gift between individuals, regardless of the relationship, made without consideration of any kind, or to a transfer for which no consideration was given (SDCL 43-4-22).
Spouse or homesteadA conveyance of a homestead by a married owner, both spouses being state residents, is valid if both husband and wife sign it, with a narrow armed-forces exception.
SourceSouth Dakota Legislature

Signing, witnesses and the notary in South Dakota

South Dakota requires a transfer of an estate in real property to be an instrument in writing subscribed (signed) by the party disposing of it.

Before an instrument can be recorded, its execution must be acknowledged by the person executing it (or proved as provided by law), unless it falls in an excepted class.

Statutory form: Section 43-25-7 sets out a standard form of quitclaim deed.

The text itself:

  • SDCL 43-25-1 Requisites for transfer of certain estates: “subscribed by the party disposing of the same”
  • SDCL 43-25-7 Quitclaim deed, Standard form: “The standard form of quitclaim deeds in this state is as follows”
  • SDCL 43-28-8 Instruments which must be acknowledged or proved before record: “its execution must be acknowledged by the person executing it”

If you want a ready-made form

Review LawDepot’s quitclaim deed form

LawDepot builds a quit claim deed from guided questions for your state. Compare the form with the signing, notary and recording rules on this page before you sign anything.

A deed moves title and can change a family’s tax and benefit position. If you need advice about your situation, ask a real estate attorney before choosing a document service.

The link goes to LawDepot, a paid legal-document service, not Clear Money Guide and not a law firm. LawDepot pays Clear Money Guide a commission if you buy a document there, at no extra cost to you. You are under no obligation to buy anything. We are not a law firm and this is not legal advice.

Review LawDepot’s quitclaim deed

Opens on LawDepot. Follow the signing, notary and recording rules for your state.

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Recording: where to file and what it costs

Recording office: Register of deeds of the county where the property is located. The register of deeds charges thirty dollars for recording a deed of up to fifty pages, plus two dollars per additional page.

The text itself:

  • SDCL 7-9-15 Fees, Real estate documents to conform to format standards: “the sum of thirty dollars for the first fifty pages”

Transfer tax and a gift to a family member

South Dakota imposes a real estate transfer fee of fifty cents for each five hundred dollars of value or fraction thereof, paid by the grantor. The register of deeds collects it when the deed is recorded, based on the value declared, and the proceeds go to the county general fund.

Between family members: The fee does not apply to a transfer between husband and wife, or parent and child, with only nominal actual consideration. It also does not apply to an absolute gift between individuals, regardless of the relationship, made without consideration of any kind, or to a transfer for which no consideration was given (SDCL 43-4-22).

The text itself:

  • SDCL 43-4-21 Imposition and amount of real estate transfer fee: “fifty cents for each five hundred dollars of value”
  • SDCL 43-4-22 Exemptions from real estate transfer fee: “or parent and child with only nominal actual consideration”

Spouse and homestead

A conveyance of a homestead by a married owner, both spouses being state residents, is valid if both husband and wife sign it, with a narrow armed-forces exception.

The text itself:

  • SDCL 43-31-17 Execution by husband and wife necessary for conveyance or encumbrance: “both husband and wife concur in and sign or execute such conveyance”

Other filings the documents mention

An exempt transfer must carry the words ’exempt from transfer fee’ and name the exemption subdivision of 43-4-22 claimed.

The text itself:

  • SDCL 43-4-23 Exempt transfers to be marked: “exempt from transfer fee”

A worked example: a parent deeds the home to an adult child

An illustration, not a return: a parent bought a home for $100,000, and it is worth $300,000 when the parent deeds it to an adult child by quitclaim deed, with no payment. The child later sells it for $350,000. For a gift, federal law says the child’s basis is “the same as it would be in the hands of the donor”, so the basis stays $100,000 and the gain is $250,000 ($350,000 minus $100,000). Had the child received the same home at the parent’s death, when it was worth $300,000, the statute sets the basis at “fair market value of the property at the date of the decedent’s”, so the gain would be $50,000 ($350,000 minus $300,000).

See CMG’s quitclaim vs warranty deed for a family transfer page for the choice of deed.

What the documents do not say

  • Whether South Dakota requires witnesses on a deed: not found in the documents read, and that is not a statement that none are needed.
  • County or city transfer taxes and local recording surcharges in South Dakota were not read unless named above.

Common mistakes

  • Assuming the South Dakota transfer-tax exemption for family gifts also removes the federal basis consequence shown in the example.
  • Assuming the South Dakota rules above govern land in another state, or that signing the deed ends the paperwork before it is recorded with the recording office.

Related: quitclaim vs warranty deed for a family transfer, South Dakota transfer on death deed, South Dakota probate cost, and whether South Dakota has an estate tax.

Sources

Sources: the primary documents linked above, read on October 11, 2026. General information, not tax advice. Your own facts decide the outcome, and a tax professional or the state agency itself is the right place to confirm anything consequential.