Download South Dakota Quitclaim Deed Form [PDF]

The South Dakota quitclaim deed is a document one person, called the grantor, uses to transfer property to another person, called the grantee.

Unlike other types of quitclaim deeds (warranty and special warranty deeds), the quitclaim deed doesn’t provide any warranties that the grantor is authorized to transfer the property to another person or that there are no other claims against the property.

Therefore, the quitclaim deed is often used for transferring the property between family members or trusted parties rather than in property sales since there is usually no need for warranties.

The general quitclaim form is also known as the no warranty deed or deed without the warranty.

Quitclaim Deed Important Laws & Requirements in South Dakota

When to Use a Quitclaim Deed in South Dakota

Due to its special features (lack of warranties and simple form), the quitclaim deed can be used in one of the following situations.

#1. Title Modifications

The grantor can use the quitclaim deed to make changes and modifications to the text of the property title. Modifications are often needed if there is a misspelled name on the property title or if there is an error with any other information in the title. 

Another reason for using the quitclaim deed is to update the information in the title. Finally, the quitclaim deed can be used to add or remove people from the title.

#2. Property Transfer

The general quitclaim form is mostly used for property transfers. Its simple form enables the parties to quickly transfer their property without additional formalities. However, unlike other forms of deeds, the quitclaim deed doesn’t provide any warranties for the grantee. 

By signing the quitclaim deed, the grantor only confirms that they will transfer all of their interests in the property to the grantee without confirming that there are no other claims against the property.

#3. Living Trust Transfer

The quitclaim deed can also be used for transferring property from someone's assets to their living trust. Since no additional warranties are required for such transfers, the quitclaim deed is often used as the most appropriate solution.

How to Create a Quitclaim Deed in South Dakota 

#1. Fill Out The Form

Firstly, insert the most important details about the grantor and grantee, like their full names, mailing addresses, and marital status. When drafting the quitclaim deed, the parties should also enter the date of the property transfer.

#2. Add the “Note Consideration”

The consideration is the value the grantee owes to the grantor for transferring the property. The transfer can be made with or without consideration (as a gift). Transfers without consideration are mostly used between family members.

The consideration can be in the form of:

#3. Write the Legal Description

The legal description includes all the necessary information that will help the parties individualize the transferred property. It usually includes the plot number and the property address.

#4. Sign & Get it Notarized

The grantor should sign the quitclaim deed before the notary public.

#5. File the Quitclaim Deed

Finally, the parties should file the quitclaim deed with the governmental body authorized for deed registration.

Where to File a Quitclaim Deed in South Dakota

In South Dakota, the parties should submit the signed and notarized quitclaim deed to the County Register of Deeds according to the location of the property.