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Arkansas Gift Deed

Gifts of Real Property in Arkansas

Gift deeds convey title to real property from one party to another with no exchange of consideration, monetary or otherwise. Often used to transfer property between family members or to gift property as a charitable act or donation, these conveyances occur during the grantor's lifetime. Gift deeds must contain language that explicitly states that no consideration is expected or required. Ambiguous language, or references to any type of consideration, can make the gift deed contestable in court.

A lawful gift deed includes the grantor's full name and marital status, as well as the grantee's full name, marital status, vesting, and mailing address. Vesting describes how the grantee holds title to the property. Generally, real property is owned in either sole ownership or in co-ownership. For Arkansas residential property, the primary methods for holding title in co-ownership are tenancy in common and joint tenancy. Arkansas does not recognize community property. Real estate conveyed to two or more people is presumed as tenancy in common, unless a joint tenancy is specified (A.C.A. 18-12-603).

As with any conveyance of realty, 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. Each grantor must sign the deed in the presence of a notary public for a valid transfer. Transfers in Arkansas require two witness signatures (A.C.A. 18-12-104). All signatures must be original. Record the completed deed, along with any additional materials, in the circuit clerk's office of the county where the property is located. Contact the same office to verify accepted forms of payment.

In Arkansas, every legal transfer of real property requires a Real Property Transfer Tax Affidavit form. This form should be completed by the grantee and filed with the instrument (A.C.A. 26-60-107). When real property is conveyed as a gift, no transfer tax is due. The grantee should indicate such on the affidavit.

With gifts of real property, the recipient of the gift (grantee or donee) is not required to declare the amount of the gift as income, but if the property accrues income after the transaction, the grantee is responsible for paying the requisite state and federal income tax.

In Arkansas, there is no state gift tax. For questions regarding state taxation laws, consult a tax specialist. Gifts of real property in Arkansas are, however, subject to the federal gift tax. The person or entity making the gift (grantor or donor) is responsible for paying the federal gift tax; however, if the donor does not pay the gift tax, the donee will be held liable.

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 donor may benefit from filing a Form 709.

This article is provided for informational purposes only and is not a substitute for the advice of an attorney. Contact an Arkansas lawyer with any questions about gift deeds or other issues related to the transfer of real property.

Deeds.com Arkansas Gift Deed Forms Have Been Updated as Recently as Wednesday February 12, 2020

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What others like you are saying:


Mark W. said: Easy, simple and fast. I am familiar with deeds in my state and these looked correct. The common missed document of TRANSFER OF REAL ESTATE VALUE document was also included. Kudos on being complete.

Reply from Staff: Thanks Mark, we really appreciate your feedback.


Diane W. said: The forms were immediately available for download, which was nice. However, I was not impressed by the lack of several features: 1) there was no way to edit set text in the form, such as where it says you should consult an attorney. That is not necessary for recording the deed and I wanted to deleted it, but could not. 2) Also, under the "Notes" section, there is a limited area to write; I tried adding a fuller explanation of something, but the form would not accept or include it when I printed the final document. The form may do the job, but it's not very sophisticated or elegant.

Reply from Staff: Thank you for your feedback. We really appreciate it. Have a great day!


Teri B. said: Glad to have all of the helpful extra information, even though they don't answer all questions for all situations. So, I accessed public records and asked questions at the auditor's office. Also, on my Mac computer, filling out the actual deed form is a challenge because the screen jumps to the last page everytime I try to type a few letters or hit the return key, so I'm rollling back up to the first 2 pages after most keystrokes. A bit annoying. Overall, happy to have these form options are available! There is really no need to wait and pay for an attorney when all the information needed is available via public records. Fill in the blanks!

Reply from Staff: Thanks so much for the feedback Teri. There are known issues between Adobe and Mac, we try to work around them as much as possible. Have a wonderful day!


JOYCE R. said: I am a tax attorney and had worked as a Valuation Engineer with Internal Revenue Service. I can access (almost immediately) complete title reports and transactions history of real estate transfers. It is a joy to have access to your valuable service. JOYCE REBHUN,JD,MBA,PhD,EA

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Catherine P. said: I got what I needed and you provided great templates.

Reply from Staff: Thank you!


John V. B. said: I have not yet used the site however, I feel that this site could be a big asset to the genealogical community. It is well laid out thus easy to use.

Reply from Staff: Thank you!

Reply from Staff: Thank you for your feedback. We really appreciate it. Have a great day!


Arkansas Gift Deed Form