Douglas County Gift Deed Form (South Dakota)
All Douglas County specific forms and documents listed below are included in your immediate download package:
Gift Deed Form
Fill in the blank form formatted to comply with all recording and content requirements.
Included Douglas County compliant document last validated/updated 10/30/2024
Gift Deed Guide
Line by line guide explaining every blank on the form.
Included Douglas County compliant document last validated/updated 9/18/2024
Completed Example of the Gift Deed Document
Example of a properly completed form for reference.
Included Douglas County compliant document last validated/updated 6/11/2024
The following South Dakota and Douglas 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 Douglas County. The executed documents should then be recorded in the following office:
Douglas County Register of Deeds
706 Braddock St / PO Box 267, Armour, South Dakota 57313-0267
Hours: 8:30 to 4:30 M-F
Phone: (605) 724-2204
Local jurisdictions located in Douglas County include:
- Armour
- Corsica
- Delmont
- Harrison
- New Holland
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 Douglas 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 Douglas County using our eRecording service.
Are these forms guaranteed to be recordable in Douglas County?
Yes. Our form blanks are guaranteed to meet or exceed all formatting requirements set forth by Douglas 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 Douglas County that you need to transfer you would only need to order our forms once for all of your properties in Douglas County.
What are supplemental forms?
Often when a deed is recorded, additional documents are required by South Dakota or Douglas 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 Douglas 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 Douglas 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 Douglas 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.
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November 1st, 2024
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October 25th, 2024
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October 25th, 2024
Deeds.com is very precise, helpful and friendly. I found the form I needed without any effort and everything worked perfect and smooth. I recommend it 100%. rnThank you.
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December 19th, 2021
Brilliant idea. Beats working with an attorney who charges $250+ per hour. Thanks.
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Kay G.
April 1st, 2019
Found just the form I was looking for. It was an easy download process. Now just have to complete the forms!
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Richard C.
January 2nd, 2020
There was not much info available but what you produced confirmed what I needed to know.
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Richard G.
August 28th, 2022
I was not able to add more linea to the deed and add up to four people and their addresses. The document should be able to be expanded.
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Robert D.
March 7th, 2019
These forms made it so easy to update the property deed and the instructions and sample filled out form were most helpful. You might want to add some brief information on when or why to use the Acknowledgment in Individual Capacity notary form. In my case the notary was required to use it but also filled in the brief notarize section on the Affidavit as well. She said the one on the Affidavit had some value because it showed she had witnessed the my signature. But this was only after I suggested both be filled in as she initially thought to just strike through it and just use the Acknowledgment in Individual Capacity form.
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Constance R.
July 13th, 2020
It was very easy to e-file. I liked it.
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Mitchell S.
April 25th, 2024
This service was very helpful, quick, inexpensive and easy to use. Should I ever need it again, I know right where to go.
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Judy F.
May 27th, 2022
The site was easy to use, I just wasn't sure which of all these documents I needed.
Thank you!
Gene N.
November 11th, 2021
My mind is blown! For some reason, our veteran title companies wouldn't record our deed but luckily, the assessor's page recommended Deeds and other sites to e-record. It was so simple and so convenient!
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Lillian F.
May 2nd, 2019
I LOVE THE EASE OF GETTING THE INFORMATION I REQUESTED. YOUR SERVICE IS MORE THAN WHAT I EXPECTED.
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CYNTHIA W.
April 12th, 2023
My deed has now been recorded. Thank you so very much. I saved about $120.00 by doing this with your document service. Thankfully, I heard about you from a friend and did not go with my Title Company that wanted a fee that seems outrageous because of how simple it was to do. I will definitely "advertise" this service to others.
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Richard L.
April 22nd, 2020
very useful
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