Custer County Gift Deed Form (South Dakota)

All Custer County specific forms and documents listed below are included in your immediate download package:

Gift Deed Form

Custer County Gift Deed Form

Fill in the blank form formatted to comply with all recording and content requirements.
Included Custer County compliant document last validated/updated 11/21/2024

Gift Deed Guide

Custer County Gift Deed Guide

Line by line guide explaining every blank on the form.
Included Custer County compliant document last validated/updated 11/13/2024

Completed Example of the Gift Deed Document

Custer County Completed Example of the Gift Deed Document

Example of a properly completed form for reference.
Included Custer County compliant document last validated/updated 11/15/2024

The following South Dakota and Custer County supplemental forms are included as a courtesy with your order:

When using these Gift Deed forms, the subject real estate must be physically located in Custer County. The executed documents should then be recorded in the following office:

Custer County Register of Deeds

420 Mt Rushmore Rd, Custer, South Dakota 57730-1934

Hours: 8:00am to 5:00pm M-F

Phone: (605) 673-8171

Local jurisdictions located in Custer County include:

  • Buffalo Gap
  • Custer
  • Fairburn
  • Hermosa
  • Pringle

How long does it take to get my forms?

Forms are available immediately after submitting payment.

How do I get my forms, are they emailed?

Immediately after you submit payment, the Custer County forms you order will be available for download directly from your account. You can then download the forms to your computer. If you do not already have an account, one will be created for you as part of the order process, and your login details will be provided to you. If you encounter any issues accessing your forms, please reach out to our support team for assistance. Forms are NOT emailed to you.

What does "validated/updated" mean?

This indicates the most recent date when at least one of the following occurred:

  • Updated: The document was updated or changed to remain compliant.
  • Validated: The document was examined by an attorney or staff, or it was successfully recorded in Custer County using our eRecording service.
Are these forms guaranteed to be recordable in Custer County?

Yes. Our form blanks are guaranteed to meet or exceed all formatting requirements set forth by Custer County including margin requirements, content requirements, font and font size requirements.

Can the Gift Deed forms be re-used?

Yes. You can re-use the forms for your personal use. For example, if you have more than one property in Custer County that you need to transfer you would only need to order our forms once for all of your properties in Custer County.

What are supplemental forms?

Often when a deed is recorded, additional documents are required by South Dakota or Custer County. These could be tax related, informational, or even as simple as a coversheet. Supplemental forms are provided for free with your order where available.

What type of files are the forms?

All of our Custer County Gift Deed forms are PDFs. You will need to have or get Adobe Reader to use our forms. Adobe Reader is free software that most computers already have installed.

Do I need any special software to use these forms?

You will need to have Adobe Reader installed on your computer to use our forms. Adobe Reader is free software that most computers already have installed.

Do I have to enter all of my property information online?

No. The blank forms are downloaded to your computer and you fill them out there, at your convenience.

Can I save the completed form, email it to someone?

Yes, you can save your deed form at any point with your information in it. The forms can also be emailed, blank or complete, as attachments.

Are there any recurring fees involved?

No. Nothing to cancel, no memberships, no recurring fees.

Gifts of Real Property in South Dakota

A gift deed, or deed of gift, is a legal document voluntarily transferring title to real property from one party (the grantor or donor) to another (the grantee or donee). A gift deed typically transfers real property between family or close friends. Gift deeds are also used to donate to a non-profit organization or charity. The deed serves as proof that the transfer is indeed a gift and without consideration (any conditions or form of compensation).

Valid deeds must meet the following requirements: The grantor must intend to make a present gift of the property, the grantor must deliver the property to the grantee, and the grantee must accept the gift. A gift deed must contain language that explicitly states no consideration is expected or required, because any ambiguity or reference to consideration can make the deed contestable in court. A promise to transfer ownership in the future is not a gift, and any deed that does not immediately transfer the interest in the property, or meet any of the aforementioned requirements, can be revoked [1].

A lawful gift deed includes the grantor's full name and marital status, as well as the grantee's full name, marital status, mailing address, and vesting. Vesting describes how the grantee holds title to the property. For South Dakota residential property, the primary methods for holding title are tenancy in common and joint tenancy. A grant of ownership of real estate to two or more unmarried persons is presumed to create a tenancy in common, unless a joint tenancy with a right of survivorship is expressly created (SDCL 43-2-11 et seq.).

As with any conveyance of real estate, a gift deed requires a complete legal description of the parcel. Recite the source of title to establish a clear chain of title, and detail any restrictions associated with the property. Record the completed deed at the local county Recorder's office, along with a Certificate of Real Estate Value (SDCL 7-9-7(4)). Any conveyance that is an absolute gift without consideration of any kind in return for it is exempt from the fee imposed on any transfer of title (SDCL 43-4-22).

The IRS implements a Federal Gift Tax on any transfer of property from one individual to another with no consideration, or consideration that is less than the full market value. In accordance with federal law, individuals are permitted an annual exclusion of $15,000 on gifts. This means that if a gift is valued below $15,000, a federal gift tax return (Form 709) does not need to be filed. However, if the gift is something that could possibly be disputed by the IRS -- such as real property -- a grantor may benefit from filing a Form 709 [2].

In South Dakota, there is no state gift tax. Gifts of real property in South Dakota are, however, subject to the federal gift tax, which the grantor is responsible for paying; however, if the grantor does not pay the gift tax, the grantee will be held liable [1].

With gifts of real property, the recipient of the gift (grantee) is not required to declare the amount of the gift as income, but if the property accrues income after the transaction, the recipient is responsible for paying the requisite state and federal income taxes [3].

This article is provided for informational purposes only and is not a substitute for the advice of an attorney. Contact a lawyer with any questions about gift deeds or other issues related to the transfer of real property. For questions regarding federal and state taxation laws, consult a tax specialist.

[1]
https://nationalparalegal.edu/public_documents/courseware_asp_files/realProperty/PersonalProperty/InterVivosGifts.asp
[2] http://msuextension.org/publications/FamilyFinancialManagement/MT199105HR.pdf
[3] https://www.irs.gov/businesses/small-businesses-self-employed/frequently-asked-questions-on-gift-taxes

(South Dakota Gift Deed Package includes form, guidelines, and completed example)

Our Promise

The documents you receive here will meet, or exceed, the Custer County recording requirements for formatting. If there's an issue caused by our formatting, we'll make it right and refund your payment.

Save Time and Money

Get your Custer County Gift Deed form done right the first time with Deeds.com Uniform Conveyancing Blanks. At Deeds.com, we understand that your time and money are valuable resources, and we don't want you to face a penalty fee or rejection imposed by a county recorder for submitting nonstandard documents. We constantly review and update our forms to meet rapidly changing state and county recording requirements for roughly 3,500 counties and local jurisdictions.

4.8 out of 5 - ( 4435 Reviews )

Zennell W.

November 24th, 2024

Quick fast and easy transaction.

Reply from Staff

We are grateful for your feedback and looking forward to serving you again. Thank you!

James S.

November 21st, 2024

Forms used, created quitclaim deed that the county accepted without a second look (turns out they see deeds.com forms regularly via erecording and in person). Will be back for any real estate related forms I need and they carry. Will always be my first stop. Also, will use erecording next time, mad I didn't see it this time.

Reply from Staff

Thanks for the kind words James, glad we could help. Look forward to seeing you again.

Thomas G.

November 21st, 2024

Wasn’t what I expected

Reply from Staff

Sorry to hear that your expectations were missed. Your order has been canceled. We do hope that you find something more suitable to your expectations elsewhere. Do keep in mind that purchasing legal forms should not be an exploratory endeavor.

Karl H.

January 5th, 2021

Still in process, but it is well explained. I would recommend it to anyone in Texas.

Reply from Staff

Thank you for your feedback. We really appreciate it. Have a great day!

Christopher H.

July 21st, 2021

The product is as advertised. I was unable to navigate this process because It is complicated and I am concerned about doing it wrong. The law is written in stupid language to make it difficult for all and keep the layering business going. Its a solid form but did not work for me. Thanks
Chris

Reply from Staff

Thank you for your feedback Christopher. Sorry to hear that we’re not comfortable completing the process. It is always best to seek the advice of a legal professional is you are not completely sure of what you are doing.

J O.

July 18th, 2020

It's okay, seems you need to make it easier to search deeds on properties without having to go through a lot of researching issues, make it simple!

Reply from Staff

Thank you!

Yvonne R.

December 1st, 2020

Quick and easy, however, I couldn't get the guide to download.

Reply from Staff

Thank you for your feedback. We really appreciate it. Have a great day!

Charles B.

November 20th, 2023

The support received was far above expectations.

Reply from Staff

We are grateful for your feedback and looking forward to serving you again. Thank you!

Daniel L.

September 25th, 2023

so far appears to meet my needs!

Reply from Staff

Thank you for your feedback. We really appreciate it. Have a great day!

Frank H.

September 22nd, 2022

Form and instructions were useful. But I suggest creating a form for transferring a deed pursuant to a trust. The existing form is based on a will going through probate so it doesn't fit the trust situation in some respects.

Reply from Staff

Thank you for your feedback. We really appreciate it. Have a great day!

MARILYN I.

March 20th, 2023

Very pleased with your user friendly site.

Reply from Staff

Thank you!

Susan S.

May 19th, 2020

Ordered the forms, completed them, had them notarized, then erecorded all in under 2 hours. Would have been faster but had to wait for the bank to open for notary. Might try the online notary next time. Fantastic experience.

Reply from Staff

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Clarence F.

January 25th, 2022

very easy to use !!!

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Brian B.

May 13th, 2021

Very good price. It came with instructions and a sample filled out. Very helpful.

Reply from Staff

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Ondina S.

December 28th, 2021

Am very happy with the wealth of forms that were available with my purchase! This site is an awesome resource which I plan to use in the future.

Reply from Staff

We appreciate your business and value your feedback. Thank you. Have a wonderful day!