Deeds.com Real Estate Deeds
Deeds.com Account
Sign In

Arkansas Gift Deed

Arkansas Gift Deed Information

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 Thursday July 14, 2022

4.8 out of 5 (3646 Reviews)

What others like you are saying:


Robyn D. said: Excellent service, knowledgeable and helpful representatives via the messaging service. Reliable information provided by reps, overall excellent experience.

Reply from Staff: We appreciate your business and value your feedback. Thank you. Have a wonderful day!


JOANN S. said: easy to use and understand forms. saved completed on my computer with no issues, even emailed them to my son for printing. recommend.

Reply from Staff: Thank you for the kind words Joann, have an amazing day!


Viola J. said: You made this so easy to process the Executor Deed. THANK YOU a thousand times. Appreciate that all forms are in one place and I did not have to search all over the internet to get what I needed.

Reply from Staff: We appreciate your business and value your feedback. Thank you. Have a wonderful day!


Joyce D. said: Good after I figured out the form process. Hopefully I won't be charged for two as I redid the request thinking I might have made a mistake in the first request.

Reply from Staff: Thank you for your feedback Joyce. We have reviewed your account and there have been no duplicate orders submitted. Have a great day!


Marsella F. said: Thank you so much!! This is a fantastic tool!! Marsella F.

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


Lawrence D. said: My first time using it; very fast service. I am an estate planning attorney (44 years). None of my old title company contacts are around anymore to provide deed copies, so this is a great source. I will be using it again.

Reply from Staff: Thank you Lawrence, we appreciate your feedback. Have a fantastic day!


Deeds.com Real Estate Deeds

Use of Deeds.com Legal Forms. On our Site we make available for use self-help "fill in the blank" forms. If you use a form on our Site, you explicitly agree to our Terms of Use. You understand and agree that your purchase and/or use of a form document is neither legal advice nor the practice of law, and that each form and any applicable instructions or guidance is not customized to your particular needs, not guaranteed or warranted to be current, up to date, or accurate.

NO WARRANTY. Do It Yourself Legal Forms available on our Website are not guaranteed to be usable, correct, up to date, or fit for any legal purpose. Use of any Do It Yourself Legal Form from our website is done so AT YOUR OWN RISK.

If you use any Do It Yourself Legal Form available on Deeds.com, you agree that: TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WE BE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR ANY SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES) ARISING OUT OF OR IN CONNECTION WITH THE LEGAL FORMS OR FOR ANY INFORMATION OR SERVICES PROVIDED TO YOU THROUGH THE DEEDS.COM WEBSITE. TO THE EXTENT THE FOREGOING LIMITATION OF LIABILITY IS PROHIBITED, OUR SOLE OBLIGATION TO YOU FOR DAMAGES WILL BE LIMITED TO $100.00.

Nothing on this website should be considered a substitute for the advice of an attorney.

© DEEDS.COM INC. 1997 - 2022 ALL RIGHTS RESERVED | (330) 606-0119 | P.O. Box 5264, Fairlawn, OH 44334