Benton County Gift Deed Form (Arkansas)

All Benton County specific forms and documents listed below are included in your immediate download package:

Gift Deed Form

Benton County Gift Deed Form

Fill in the blank form formatted to comply with all recording and content requirements.
Included Benton County compliant document last validated/updated 4/25/2024

Gift Deed Guide

Benton County Gift Deed Guide

Line by line guide explaining every blank on the form.
Included Benton County compliant document last validated/updated 1/31/2024

Completed Example of the Gift Deed Document

Benton County Completed Example of the Gift Deed Document

Example of a properly completed form for reference.
Included Benton County compliant document last validated/updated 3/28/2024

When using these Gift Deed forms, the subject real estate must be physically located in Benton County. The executed documents should then be recorded in the following office:

Benton County Circuit Clerk

215 E. Central Ave., Ste. 6, Bentonville, Arkansas 72712

Hours: 8:30 to 4:30 M-F

Phone: (479) 271-1017

Local jurisdictions located in Benton County include:

  • Avoca
  • Bella Vista
  • Bentonville
  • Cave Springs
  • Centerton
  • Decatur
  • Garfield
  • Gateway
  • Gentry
  • Gravette
  • Hiwasse
  • Lowell
  • Maysville
  • Pea Ridge
  • Rogers
  • Siloam Springs
  • Sulphur Springs

How long does it take to get my forms?

Forms are available immediately after submitting payment.

How do I get my forms, are they emailed?

Immediately after you submit payment, the Benton County forms you order will be available for download directly from your account. You can then download the forms to your computer. If you do not already have an account, one will be created for you as part of the order process, and your login details will be provided to you. If you encounter any issues accessing your forms, please reach out to our support team for assistance. Forms are NOT emailed to you.

What does "validated/updated" mean?

This indicates the most recent date when at least one of the following occurred:

  • Updated: The document was updated or changed to remain compliant.
  • Validated: The document was examined by an attorney or staff, or it was successfully recorded in Benton County using our eRecording service.
Are these forms guaranteed to be recordable in Benton County?

Yes. Our form blanks are guaranteed to meet or exceed all formatting requirements set forth by Benton County including margin requirements, content requirements, font and font size requirements.

Can the Gift Deed forms be re-used?

Yes. You can re-use the forms for your personal use. For example, if you have more than one property in Benton County that you need to transfer you would only need to order our forms once for all of your properties in Benton County.

What are supplemental forms?

Often when a deed is recorded, additional documents are required by Arkansas or Benton County. These could be tax related, informational, or even as simple as a coversheet. Supplemental forms are provided for free with your order where available.

What type of files are the forms?

All of our Benton County Gift Deed forms are PDFs. You will need to have or get Adobe Reader to use our forms. Adobe Reader is free software that most computers already have installed.

Do I need any special software to use these forms?

You will need to have Adobe Reader installed on your computer to use our forms. Adobe Reader is free software that most computers already have installed.

Do I have to enter all of my property information online?

No. The blank forms are downloaded to your computer and you fill them out there, at your convenience.

Can I save the completed form, email it to someone?

Yes, you can save your deed form at any point with your information in it. The forms can also be emailed, blank or complete, as attachments.

Are there any recurring fees involved?

No. Nothing to cancel, no memberships, no recurring fees.

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.

(Arkansas Gift Deed Package includes form, guidelines, and completed example)

Our Promise

The documents you receive here will meet, or exceed, the Benton 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 Benton 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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