New Castle County Gift Deed Form

New Castle County Gift Deed Form
Fill in the blank Gift Deed form formatted to comply with all Delaware recording and content requirements.

New Castle County Gift Deed Guide
Line by line guide explaining every blank on the form.

New Castle County Completed Example of the Gift Deed Document
Example of a properly completed form for reference.
All 3 documents above included • One-time purchase • No recurring fees
Additional Delaware and New Castle County documents included at no extra charge:
Where to Record Your Documents
Recorder of Deeds
Wilmington, Delaware 19801
Hours: 8:30 to 4:00 Monday - Friday / Recording until 3:45
Phone: (302) 395-7700
Recording Tips for New Castle County:
- Double-check legal descriptions match your existing deed
- Verify all names are spelled correctly before recording
- Both spouses typically need to sign if property is jointly owned
- Recorded documents become public record - avoid including SSNs
- Ask about accepted payment methods when you call ahead
Cities and Jurisdictions in New Castle County
Properties in any of these areas use New Castle County forms:
- Bear
- Claymont
- Delaware City
- Hockessin
- Kirkwood
- Middletown
- Montchanin
- New Castle
- Newark
- Odessa
- Port Penn
- Rockland
- Saint Georges
- Townsend
- Wilmington
- Winterthur
- Yorklyn
Hours, fees, requirements, and more for New Castle County
How do I get my forms?
Forms are available for immediate download after payment. The New Castle 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 New Castle County?
Yes. Our form blanks are guaranteed to meet or exceed all formatting requirements set forth by New Castle 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 New Castle 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 New Castle County?
Recording fees in New Castle County vary. Contact the recorder's office at (302) 395-7700 for current fees.
Have other questions? Contact our support team
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
Important: Your property must be located in New Castle County to use these forms. Documents should be recorded at the office below.
This Gift Deed meets all recording requirements specific to New Castle County.
Our Promise
The documents you receive here will meet, or exceed, the New Castle 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 New Castle 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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April 15th, 2019
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March 24th, 2024
Simple & easy to navigate. At time of writing this, guide & example of purchased deed is included. Plus lots of extra information to help secure your property. Would recommend to anyone.
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October 7th, 2024
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May 25th, 2022
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Mark W.
May 9th, 2019
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.
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July 7th, 2021
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May 3rd, 2019
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December 14th, 2021
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February 15th, 2022
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July 31st, 2019
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June 4th, 2020
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January 18th, 2021
Easy to understand and work with Very pleased with the information I Received
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Pamela G.
November 18th, 2020
I have an apple phone. I could not fill in the form to pay because apple phones do not have a dash that can be used when the field requires a phone number with a dash. I had to borrow an android phone in which the telephone keypad had a dash that could be used. It was easy to pay using an android phone but impossible to pay using an apple phone. Remove the requirement for dashes to allow apple phones to use this service.
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March 21st, 2022
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August 30th, 2019
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