California Forms

Santa Clara County Gift Deed Form

Santa Clara County Gift Deed Form

Santa Clara County Gift Deed Form

Fill in the blank form formatted to comply with all recording and content requirements.

Document Last Validated 6/13/2025
Santa Clara County Gift Deed Guide

Santa Clara County Gift Deed Guide

Line by line guide explaining every blank on the form.

Document Last Validated 8/14/2025
Santa Clara County Completed Example of the Gift Deed Document

Santa Clara County Completed Example of the Gift Deed Document

Example of a properly completed form for reference.

Document Last Validated 7/22/2025

All 3 documents above included • One-time purchase • No recurring fees

Immediate Download • Secure Checkout

Important: Your property must be located in Santa Clara County to use these forms. Documents should be recorded at the office below.

Where to Record Your Documents

County Clerk-Recorder
Address:
110 West Tasman Drive (ATTN: Recording-First floor)
San Jose, California 95134

Hours: 8:00 a.m. to 4:30 p.m

Phone: (408) 299-5688

Recording Tips for Santa Clara County:
  • Bring your driver's license or state-issued photo ID
  • Ensure all signatures are in blue or black ink
  • Ask about their eRecording option for future transactions
  • Both spouses typically need to sign if property is jointly owned

Cities and Jurisdictions in Santa Clara County

Properties in any of these areas use Santa Clara County forms:

  • Alviso
  • Campbell
  • Coyote
  • Cupertino
  • Gilroy
  • Holy City
  • Los Altos
  • Los Gatos
  • Milpitas
  • Morgan Hill
  • Mount Hamilton
  • Mountain View
  • New Almaden
  • Palo Alto
  • Redwood Estates
  • San Jose
  • San Martin
  • Santa Clara
  • Saratoga
  • Stanford
  • Sunnyvale

View Complete Recorder Office Guide

Hours, fees, requirements, and more for Santa Clara County

How do I get my forms?

Forms are available for immediate download after payment. The Santa Clara 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 Santa Clara County?

Yes. Our form blanks are guaranteed to meet or exceed all formatting requirements set forth by Santa Clara 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 Santa Clara 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 Santa Clara County?

Recording fees in Santa Clara County vary. Contact the recorder's office at (408) 299-5688 for current fees.

Questions answered? Let's get started!

Gifts of Real Property in California

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 California residential property, the primary methods for holding title in co-ownership are tenancy in common, joint tenancy, and community property (Cal. Civ. Code 682). An estate conveyed to two or more unmarried people is considered a tenancy in common, unless a joint tenancy is designated (Cal. Civ. Code 683). Spouses vest as community property, with an option for survivorship rights (Cal. Civ. Code 682.1).

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. All signatures must be original. In California, when real property is conveyed as a gift, no transfer tax is due, pursuant to Cal. R&T Code 11930. This exemption should be indicated on the first page of the instrument. Record the completed deed, along with any additional materials, in the clerk's office of the county where the property is located. Contact the same office to verify accepted forms of payment.

In California, every legal transfer of real property requires a Preliminary Change of Ownership Report. This form should be completed by the grantee and filed with the instrument (Cal. R&T Code 480.3).

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 [1].

In California, there is no state gift tax. For questions regarding state taxation laws, consult a tax specialist. Gifts of real property in California 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 [1].

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 [2].

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

[1] http://msuextension.org/publications/FamilyFinancialManagement/MT199105HR.pdf

[2] https://www.irs.gov/businesses/small-businesses-self-employed/frequently-asked-questions-on-gift-taxes

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

Important: Your property must be located in Santa Clara County to use these forms. Documents should be recorded at the office below.

This Gift Deed meets all recording requirements specific to Santa Clara County.

Our Promise

The documents you receive here will meet, or exceed, the Santa Clara 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 Santa Clara 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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