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All Kent County specific forms and documents listed below are included in your immediate download package:
The Following Delaware and Kent County supplemental forms are included as a courtesy with your order.
Real Estate Tax Return - Declaration of Estimated Income Tax - Form 5403 (Kent County Document)
Home Buyer Certification Form (Kent County Document)
Satisfaction Piece (Kent County Document)
Transfer Tax Rates (Kent County Document)
New Property Owner Information Form (Kent County Document)
Transfer Tax Exemptions (Kent County Document)
Certificate of Acknowledgment - Individual (Kent County Document)
Realty Transfer Tax Return & Affidavit of Gain & Value - Form 5402 fillable (Kent County Document)
Certificate of Acknowledgment - Representative (Kent County Document)
Jurat (Kent County Document)
Real Estate Tax Return - Declaration of Estimated Income Tax - Form 5403 (Delaware Document)
Certificate of Acknowledgment - Individual (Delaware Document)
Realty Transfer Tax Return & Affidavit of Gain & Value - Form 5402 fillable (Delaware Document)
Certificate of Acknowledgment - Representative (Delaware Document)
Jurat (Delaware Document)
Including:
Gifts of Real Property in Delaware
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 co-ownership. For Delaware residential property, the primary methods for holding title are tenancy in common and joint tenancy. An estate conveyed to two or more people is presumed a tenancy in common, unless a joint tenancy is specified (25 Del. C. 701).
As with any conveyance of realty, a gift deed requires a complete legal description of the parcel. Recite the source of title to maintain 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 Delaware, all conveyances of real property require a completed Realty Transfer Tax Return and Affidavit of Gain and Value (9 Del. C. 9605(d)). This form must be completed by both the grantor and the grantee, and it must be submitted with the deed for recording.
Property in Kent County requires a New Property Owner Information Form. This form must be completed by the grantee. Kent County also requires the payment of all state and municipal realty transfer taxes upon the transfer, except for the City of Dover realty transfer tax (See 9 Del. C. 9605(i)).
In Sussex County, include an Affidavit of Realty Transfer Tax. It must be signed by the grantor and submitted with the deed.
Record the completed gift deed, along with additional materials, in the appropriate county's Recorder of Deeds office. Contact the same office to verify accepted forms of payment.
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 Delaware, there is no state gift tax. For questions regarding state taxation laws, consult a tax specialist. Gifts of real property in Delaware 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 Delaware 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
The documents you receive here will meet, or exceed, the Kent County recording requirements for formatting. If there's an issue caused by our formatting, we'll make it right and refund your payment.
Get your Kent 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.
4.8 out of 5 (3723 Reviews) September 29th, 2022
Name: David M.
Review: Holy cow. I was told by several people that getting a deed recorded would take 7-10 days. So I thought I'd give deeds.com a try with their e-filing service. I created my account and submitted my deed around 4:00 p.m. and it was recorded before I woke up the next morning. Awesome service! Totally worth the $19 service fee.
Reply from Staff on September 29th, 2022
We appreciate your business and value your feedback. Thank you. Have a wonderful day!
September 28th, 2022
Name: Angel C.
Review: Solid forms hitting all the marks (statutory requirements) Fairly simple to accomplish what I was looking to do with minimal research. Would certainly use again when needed.
Reply from Staff on September 28th, 2022
Thank you!
September 28th, 2022
Name: ian a.
Review: Your website advertising was somewhat deceptive regarding doing a quitclaim on a name change. "If you are transferring the property to yourself under your new name, all you have to do is update the deed from your former name to your current one." This made this sound easy. But when I downloaded the material for my state, expecting to find an example, there was no example of how to do a name change quitclaim deed! I therefore had to figure this out myself. You might have provided a warning about certain uses that were not covered in the material so that people know ahead of time that the use they needed to know about wasn't covered in the material.
Reply from Staff on September 28th, 2022
Thank you for your feedback. We really appreciate it. Have a great day!
Name: VICKI R.
Review: Thank you for your helpful information.
Reply from Staff
Thank you!
Name: Margaret T.
Review: Had a difficult time finding my download after purchase. Thankfully I had printed the form and had. However it was read only and I'm not experienced enough to be able to change that. So I went into my word program and typed in the form. I should be able to use it for my purpose. Just glad I was finally able to find it after hours of searching online. I'm in my 70's and not real computer intelligent which may have been part of the problem
Reply from Staff
Sorry to hear of your struggle Margaret, we will try harder to make our forms easier for everyone.
Name: mary g.
Review: Easy site. Reasonably priced
Reply from Staff
Thank you Mary.
Name: ROBERT H.
Review: No review provided.
Reply from Staff
Thank you!
Name: Doreen P.
Review: I have uploaded 2 documents for E recording, I have searched thinking it would prompt me to a business customer service contact info tel no. ? I am concerned as to the fees related to the recording of both instruments? please advise? thank you
Reply from Staff
Thank you for your feedback. We really appreciate it. Have a great day!
Name: HELEN F.
Review: Was straight to the point... Easy to read instructions... smooth process
Reply from Staff
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Name: Carlin L.
Review: I have yet to have my Certification of Trust notarized nor have I gone to my bank to see if it's acceptable I hope it will be it was rather easy to do thank you so much.
Reply from Staff
Thank you for your feedback Carlin.
Name: David B.
Review: I'm not sure how a forms web-site could be so, but I find deeds.com to be sweet.
Reply from Staff
Thank you for your feedback. We really appreciate it. Have a great day!
Name: Robert B.
Review: Excellent, easy to operate, saved $$$ by doing this TOD deed myself. WILL BUY AGAIN!!
Reply from Staff
Thank you Robert. Have a fantastic day!
Name: Robbin J.
Review: Really great website!! Easy to use!! Very helpful!!
Reply from Staff
Thank you!
Name: Norbert C.
Review: Great resource and everything went smoothly except email was performed through autofill prompted by the system but the autofill added a letter that gave wrong email. I can still sign in with wrong email since the system recognizes it as mine even though it is wrong. May be my fault and not the system since I did not catch the discrepancy in time. I would suggest a field that allows a correction to any misinformation prior to signing out from the initial sign on. Still think it is a great resource if all documents are processed and accepted by the pwers to be. Thanks.
Reply from Staff
Thank you!
Name: Angela W.
Review: All went well.
Reply from Staff
Thank you for your feedback. We really appreciate it. Have a great day!
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