Union County Gift Deed Form

Union County Gift Deed Form
Fill in the blank form formatted to comply with all recording and content requirements.

Union County Gift Deed Guide
Line by line guide explaining every blank on the form.

Union County Completed Example of the Gift Deed Document
Example of a properly completed form for reference.
All 3 documents above included • One-time purchase • No recurring fees
Immediate Download • Secure Checkout
Additional South Dakota and Union County documents included at no extra charge:
Where to Record Your Documents
Union County Register of Deeds
Elk Point, South Dakota 57025
Hours: 8:30 to 5:00 M-F
Phone: (605) 356-2191
Recording Tips for Union County:
- Double-check legal descriptions match your existing deed
- Bring extra funds - fees can vary by document type and page count
- Ask about accepted payment methods when you call ahead
Cities and Jurisdictions in Union County
Properties in any of these areas use Union County forms:
- Alcester
- Beresford
- Elk Point
- Jefferson
- North Sioux City
Hours, fees, requirements, and more for Union County
How do I get my forms?
Forms are available for immediate download after payment. The Union County forms will be in your account ready to download to your computer. An account is created for you during checkout if you don't have one. Forms are NOT emailed.
Are these forms guaranteed to be recordable in Union County?
Yes. Our form blanks are guaranteed to meet or exceed all formatting requirements set forth by Union County including margin requirements, content requirements, font and font size requirements.
Can I reuse these forms?
Yes. You can reuse the forms for your personal use. For example, if you have multiple properties in Union County you only need to order once.
What do I need to use these forms?
The forms are PDFs that you fill out on your computer. You'll need Adobe Reader (free software that most computers already have). You do NOT enter your property information online - you download the blank forms and complete them privately on your own computer.
Are there any recurring fees?
No. This is a one-time purchase. Nothing to cancel, no memberships, no recurring fees.
How much does it cost to record in Union County?
Recording fees in Union County vary. Contact the recorder's office at (605) 356-2191 for current fees.
Questions answered? Let's get started!
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)
Important: Your property must be located in Union County to use these forms. Documents should be recorded at the office below.
This Gift Deed meets all recording requirements specific to Union County.
Our Promise
The documents you receive here will meet, or exceed, the Union 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 Union 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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Patricia K.
October 26th, 2022
Fabulous. Good to have a county with uniform forms. Great service.
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Linda G.
August 22nd, 2021
I like it so far- now I just need to complete my filing in the County seat!
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Daron S.
July 2nd, 2019
A download in word format would be a lot better than the pdf download.
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ALYSSA J.
August 26th, 2020
I was unable to end up going through with the deed process on my own as it was out of my realm. I suspect if I knew what I was actually doing when completing a deed, it would of been sufficient. I ended up having to go through an attorney to complete the deed.
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July 31st, 2021
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January 13th, 2023
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February 12th, 2024
This service and company are THE best. We are out of State and needed to efile, and we got it done for the closing. Thanks Deeds.com
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October 18th, 2021
Great experience. Easy.
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January 15th, 2020
Easy user friendly website
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Michael L.
September 5th, 2020
Pretty good stuff, not exactly clear on the deed transfer costs and all
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August 30th, 2023
excellent
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June 16th, 2020
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March 4th, 2019
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Roy B.
January 30th, 2021
Convenient yes, expensive "big YES" and with what I paid to record a lien it cost me close to $50. That seems quite exorbitant in my estimation!!
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June 17th, 2023
I got exactly what I paid for. No fraudulent transaction on my card. I like that. This is an excellent service. Straight and to the point help. That e-recording process looks like a winner. When I get my forms filled out I might use that.
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