Hutchinson County Gift Deed Form (South Dakota)
All Hutchinson 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 Hutchinson County compliant document last validated/updated 10/30/2024
Gift Deed Guide
Line by line guide explaining every blank on the form.
Included Hutchinson 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 Hutchinson County compliant document last validated/updated 6/11/2024
The following South Dakota and Hutchinson 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 Hutchinson County. The executed documents should then be recorded in the following office:
Hutchinson County Register of Deeds
201 W Mentor St Room 169, Olivet, South Dakota 57052-2103
Hours: 8:30 to 4:30 M-F
Phone: (605) 387-4217
Local jurisdictions located in Hutchinson County include:
- Dimock
- Freeman
- Kaylor
- Menno
- Olivet
- Parkston
- Tripp
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 Hutchinson 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 Hutchinson County using our eRecording service.
Are these forms guaranteed to be recordable in Hutchinson County?
Yes. Our form blanks are guaranteed to meet or exceed all formatting requirements set forth by Hutchinson 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 Hutchinson County that you need to transfer you would only need to order our forms once for all of your properties in Hutchinson County.
What are supplemental forms?
Often when a deed is recorded, additional documents are required by South Dakota or Hutchinson 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 Hutchinson 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 Hutchinson 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 Hutchinson 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 24th, 2020
Amazingly easy process and excellent response time - very impressed!
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August 5th, 2022
I am so impress with the forms that is needed for your state. It makes your task so easy and no worries. This was a big help in taking care of business. Thank you so much.
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Jacinto A.
April 22nd, 2019
The forms are exactly what was needed. But wish I was able to click on the preview form to make sure it was the correct forms
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Richard E.
August 10th, 2021
The QuitClaim deed does not provide enough space in the Grantor block at the top of the first page. In fact, all blocks should provide more space.
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Nancy W.
November 6th, 2020
This was very easy to use to record my NOC. With the new COVID restrictions, I can't record my NOC in person and I'm working from home. This was a huge convenience and easy to use. I submitted the NOC late in the day and had the recorded NOC the next day.
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Felicia T.
May 30th, 2023
Great service with all the added resources on the form I requested.
Question: How long do the forms stay available on my account?
Thanks for the feedback Felicia. Our goal is to keep the documents available in your account indefinitely. It's a good idea to download the documents and store them yourself just in case.
darryl c.
July 24th, 2021
very easy to use website
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David S.
October 20th, 2020
I downloaded the quit claim deed form and saved it on my computer. I opened it with Adobe and filled it out. The space for the legal description was too small (2 lines only) which did not allow enough room for the long property description that I had.
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Anne H.
July 25th, 2024
After some initial general confusion -- (we sold a small piece of land privately and therefore do not typically prepare such documentation (!)) -- we were able to purchase and download all forms from Deeds.com and understand how to complete it/them. The help is all there, we just needed to read and study it - the "Example" helped alot. We were able to complete the Document per your online form(s) and then take it to be signed/notarized - and take the completed paper document to the Registry -- and it is now all registered and we are All Set. rn Took the morning (only). THANK YOU. A wonderful tool!!
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William C.
August 28th, 2019
Great service and fast also
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wayne s.
March 25th, 2020
Wonderful forms! Thanks for making this available.
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David P.
August 8th, 2019
Easy to use, all the information I wanted. Took about a minute to get it.
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