Deed Transferring Real Property into Living Trust - South Dakota

Prepared by: [NAME]

Preparer address: [ADDRESS]

Preparer telephone: [TELEPHONE]

After recording return to:
[____________________________________]
[____________________________________]
[____________________________________]

Send subsequent tax statements to:
[____________________________________]
[____________________________________]

Property Tax Parcel No.: [____________]

County: [____________] County, South Dakota

EXEMPT FROM TRANSFER FEE — SDCL 43-4-22(18)

SPACE ABOVE THIS LINE RESERVED FOR THE REGISTER OF DEEDS

QUITCLAIM DEED — TRANSFER TO REVOCABLE LIVING TRUST

State of South Dakota

1. GRANTOR

[GRANTOR FULL LEGAL NAME], [an unmarried person / a married person / husband and wife], of [____________] County, South Dakota, whose mailing address is [____________________________________] ("Grantor").

2. GRANTEE / VESTING IN TRUSTEE

[TRUSTEE FULL LEGAL NAME], as Trustee of the [TRUST NAME] dated [__/__/____] (the "Trustee"), whose current legal mailing address is [____________________________________] ("Grantee").

The Property is conveyed to the Trustee to be held, administered, and distributed according to the terms of the [TRUST NAME] dated [__/__/____] (the "Trust"). Any successor trustee's authority and the evidence needed to establish it are governed by the Trust and applicable law.

3. CONSIDERATION

No consideration is given for this conveyance. The Grantor directs that the Property be held by the Trustee under the Trust identified above. The parties must confirm the Trust's actual settlor, beneficiaries, and revocability before execution.

4. GRANTING CLAUSE

The Grantor CONVEYS AND QUITCLAIMS to the Grantee, as Trustee, all of the Grantor's present right, title, and interest in the following described real property (the "Property"):

Property commonly known as: [STREET ADDRESS, CITY, SOUTH DAKOTA, ZIP]

County: [____________] County, South Dakota

Tax Parcel No.: [____________]

Title reference: Being the same property conveyed to the Grantor by deed dated [__/__/____] and recorded in the Office of the Register of Deeds of [____________] County in Book [____] at Page [____] (Document No. [____________]).

Legal Description: See Exhibit A attached hereto and incorporated by reference.

TO HAVE AND TO HOLD the Property, together with all improvements, hereditaments, easements, and appurtenances belonging to it, unto the Grantee, as Trustee, and the Grantee's successors in trust and assigns, forever.

The words "quitclaims" ordinarily imply the limited covenants in SDCL 43-25-11. The Grantor expressly restricts and excludes those implied covenants. This deed conveys only the Grantor's present interest, if any, and does not convey after-acquired title.

5. SUBJECT TO

This conveyance is made subject to:

(a) Real property taxes and assessments for the current and subsequent years, not yet due and payable;
(b) Easements, covenants, conditions, restrictions, reservations, and rights-of-way of record;
(c) Applicable zoning, subdivision, building, land-use, and environmental laws and regulations; and
(d) Any mortgage or other lien of record, which the Trustee takes subject to but does not assume except as separately agreed in writing.

6. PURPOSE; HOMESTEAD AND OWNER-OCCUPIED CLASSIFICATION; TITLE INSURANCE

6.1 Estate-planning purpose. This conveyance funds the identified Trust. Any retained right to amend, revoke, or direct a reconveyance depends on the Trust's actual terms and applicable law.

6.2 Homestead; owner-occupied classification. Any homestead protection and owner-occupied dwelling classification after the transfer depend on the property's occupancy, the Trust's terms, and applicable law. The Grantor should confirm the classification with the County Director of Equalization and submit any required certification.

6.3 Title insurance. Re-titling into a trust can affect an existing owner's title insurance policy. The Grantor should request an endorsement naming the Trustee as an insured, or confirm coverage continuity, with the title insurer before recording.

7. TRANSFER-FEE EXEMPTION AND GARN-ST GERMAIN RECITALS

7.1 South Dakota Real Estate Transfer Fee (SDCL 43-4-21). South Dakota imposes a fee of $0.50 for each $500 of value or fraction thereof, payable by the grantor, unless an exemption applies.

Claimed exemption — SDCL 43-4-22(18). This deed states that no consideration was given. Confirm that fact before claiming the exemption. SDCL 43-4-23 requires the deed to say “exempt from transfer fee” and identify the applicable subdivision; the face of this deed identifies subdivision (18).

7.2 Certificate of Real Estate Value (PT-56). SDCL 7-9-7 requires a certificate of value to accompany this deed. Complete the certificate truthfully, including actual consideration, the parties' relationship, and the legal description.

7.3 Existing loan. Before recording, review the note, deed of trust or mortgage, and current federal law with the lender or counsel. This deed does not change the borrower's obligations under a separate loan.

8. EXECUTION

IN WITNESS WHEREOF, the Grantor has executed this Quitclaim Deed on [__/__/____].

GRANTOR:

____________________________________
[GRANTOR FULL LEGAL NAME]

____________________________________
[SPOUSE FULL LEGAL NAME], concurring in and executing this conveyance of the homestead if SDCL 43-31-17 applies

9. NOTARY ACKNOWLEDGMENT (South Dakota — SDCL 18-5-8)

On this ____ day of ______________, 20____, before me, [NOTARY NAME], the undersigned notary public, personally appeared [GRANTOR FULL LEGAL NAME] [and [SPOUSE FULL LEGAL NAME]], known to me or satisfactorily proven to be the person(s) whose name(s) is/are subscribed to this instrument, and acknowledged executing it for the purposes stated in it.

IN WITNESS WHEREOF, I hereunto set my hand and official seal.

____________________________________
Notary Public — South Dakota
My commission expires: ______________

(Affix notarial seal)

10. RECORDING, CERTIFICATE OF VALUE, AND TRANSFER-FEE INSTRUCTIONS

1. Where to record. Present the signed, acknowledged deed to the Register of Deeds of [____________] County, South Dakota, where the Property is located (SDCL 43-28-1). Format the recordable copy under SDCL 43-28-23.
2. Mark the exemption (§ 43-4-23). Confirm that no consideration was given and that the face of this deed identifies SDCL 43-4-22(18). If that is untrue, revise the deed and resolve the fee.
3. Certificate of Real Estate Value (PT-56). File the completed PT-56 with the deed; the Register of Deeds will not accept the deed without it.
4. Transfer fee (§ 43-4-21). Claim the no-consideration exemption only if it fits the actual transaction; otherwise calculate and pay the applicable fee.
5. Recording fees. Pay the recording fee charged by the county.
6. Update collateral records. After recording, confirm insurance and owner-occupied classification. Furnish a certificate of trust under SDCL 55-4-51 to a nonbeneficiary if needed to show trust information without providing the entire instrument.

EXHIBIT A — LEGAL DESCRIPTION

[INSERT THE COMPLETE LEGAL DESCRIPTION EXACTLY AS IT APPEARS ON THE GRANTOR'S CURRENT VESTING DEED — lot/block/subdivision with plat reference, or government survey (section, township, range). Include the parcel number and the title reference (Book/Page or Document No.). Attach surveys or additional pages as needed.]

____________________________________

____________________________________

____________________________________

Sources and References

• SDCL 43-25-7 to 43-25-8 — quitclaim form and effect.
• SDCL 43-25-11 — implied quitclaim covenants.
• SDCL 43-28-1 — county recording; § 43-28-23 — format.
• SDCL 7-9-1 — preparer legend; § 7-9-7 — certificate of value.
• SDCL 43-31-17 — resident spouses' homestead concurrence.
• SDCL 43-4-21 to 43-4-23 — transfer fee and exemption.
• SDCL 55-4-51 — certificate of trust.
• South Dakota Department of Revenue — Register of Deeds / Certificate of Real Estate Value (dor.sd.gov/government/register-of-deeds/).

This document is provided for informational purposes only and does not constitute legal advice. Confirm the factual no-consideration recital, trust vesting, homestead signatures, certificate of value, and loan terms with qualified South Dakota counsel before signing or recording.