Departments

Staff

Brian J. Hunhoff

Register of Deeds Send an Email

Mallory

Deputy

Matt

Deputy

Jeff

Clerk

Frequently Asked Questions

• What is the fee to record a real estate document?

  The fee to record most real estate documents is $30 for the first 50 pages, and $2 for each additional page over 50 pages. For a complete list of recording fees, open the above link called Fees.

• What is the cost to purchase a copy of a real estate document?

  To purchase an uncertified copy of any recorded real estate document, the fee is $1.00 per page.

  To purchase a certified copy of any recorded real estate document, the fee is $5.00 for the first page and $1.00 for each additional page.

  Computer printouts of items such as mortgage lists or deed lists cost 20 cents per page.

• How do I obtain a marriage license?

  IF YOU ARE 18 YEARS OLD OR OLDER

  1. Both the bride and groom must be present at the same time to sign the marriage license application in our presence.

  2. Proof of age must be determined by showing a driver's license, certified copy of a birth certificate or any photographic identification which includes the applicant's name and birth date. Also, Social Security numbers are required on the application form, so be sure you know your SSN.

  3. The application is only good for 20 days. You may obtain the license on a Friday and get married the next day, or even that very same day if you wish. However, you cannot purchase the license in July and then get married in September. It is to be used within 20 days.

  4. A marriage license may be purchased from any County Register of Deeds Office in South Dakota and the marriage can be solemnized in any county in the state, but you cannot use a S.D. marriage license to get married in another state.

  5. The cost of a marriage license is $40.00. The preferred method of payment is cash.

  MARRIAGE LICENSE NOTES:

  1. Individuals who are age 16 or 17 must have the consent of a parent or guardian to obtain a marriage license. The parent can either come with the bride and groom upon getting the license or fill out a notarized "Parental Consent Marriage Form." Once the form has been filled out and signed in front of a notary, it may be submitted to the Register of Deeds when the bride and groom appear to obtain the marriage license.

  2. South Dakota law does not permit marriage of those under the age of 16.

  3. No blood test or waiting period is required to obtain a marriage license in South Dakota.

  4. The marriage must be solemnized within 20 days from the purchase of the license or the license becomes void.

  5. Marriages in South Dakota can be solemnized by a justice of the S.D. Supreme Court, a judge of the circuit court, a magistrate, a mayor, either within or without the corporate limits of the municipality from which the mayor was elected, or any person authorized by a church to solemnize marriages. See SDCL 25-1 for specific statutes.

  6. Once a couple has been married, the individual who solemnizes the marriage must sign and return the license to a County Register of Deeds office in South Dakota within 10 days. If this is not done, there will be no state record of the marriage.

• How do I get a copy of my birth certificate?

  The cost to obtain a certified birth, death or marriage certificate is $15.00 per record. Anyone wishing to purchase one of these records must fill out an application form (see links at left) and provide proof of identity.

  Proof of identity can be presented in the form of a driver's license, military I.D., state I.D., passport, visa, notarized signature on application, or two other items with applicant's name, such as a social security card, credit card, bank statement, rent receipt or utility bill.

  Persons eligible to obtain certified vital records include the person named on the document or his/her spouse, children, parents, legal guardian, siblings, grandchildren, grandparents, or a designated agent. Examples of designated agents include attorneys, physicians and funeral directors.

• How old are the records in your office?

  Our Yankton County land records date from 1865 to present.

  Our Yankton County birth records date from 1905 to present.

  Our Yankton County death records date from 1905 to present.

  Our Yankton County marriage records date from 1890 to present.

  In addition to the above-listed Yankton County vital records, our office can provide certified copies of statewide birth records dating back to 1905; statewide death records dating back to 1960; and statewide marriage records dating back to 1950.

  The state of South Dakota also has a partial statewide list of birth records more than 100 years old (see Department of Health website, link above).

• What do I do if my original deed is lost?

  If you have lost or misplaced your original deed (or any other real estate document), you can obtain a certified copy from the Yankton County Register of Deeds office of any land record filed in this county. A certified copy has the legal validity of the original document.

• What are the document standards for recording real estate?

  There must be a three-inch margin at the top of the first page. The remaining sides of all pages must have a one-inch margin. A "prepared by" statement is required in the upper left side of the three-inch margin at the top of the first page. White paper must be used. Text can be no smaller than 10-point. (See SDCL43-28-23, link above)

• How do I add or change names on a deed? (I want to put my new spouse/child on with me.)

  Preparing legal documents is a complex, exacting process. A deed would have to be prepared transferring ownership of the land from whoever has it, to the names they now want on the property. This is not something that most people without legal training should attempt to do. We always encourage a customer to seek legal counsel to change title to their real estate. We do not keep forms for transfer of real estate, although some stationery stores may have them.

  This office is not permitted to complete forms, help customers fill out forms, or check the forms to make sure this is what the customer intended. As Register of Deeds, our purpose is to file those documents that are in recordable form. Once the documents are recorded, they must meet the satisfaction of a title examiner. A title examiner is a certified abstractor or an attorney. The title examiner does not usually come into play until the property is about to be sold. This may be several years later when someone that should have signed the document may have died, thus causing a probate or a quiet title action, which can be very costly to the customer.

  We always encourage the customer to seek legal advice for real estate documents. If you do not have an attorney, the South Dakota Bar Association maintains a list. They can be reached at (605) 224-7554 or the state Watts line of 1-800-952-2333. The mailing address is: S.D. Bar Association, 222 East Capitol Ave., Pierre, S.D., 57501.