Sussex County Gift Deed Form

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

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

Sussex 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
Immediate Download • Secure Checkout
Additional Delaware and Sussex County documents included at no extra charge:
Where to Record Your Documents
Sussex County Recorder of Deeds
Georgetown, Delaware 19947
Hours: 8:30am to 4:30pm M-F
Phone: (302) 855-7785
Recording Tips for Sussex County:
- Ensure all signatures are in blue or black ink
- Verify all names are spelled correctly before recording
- Recorded documents become public record - avoid including SSNs
Cities and Jurisdictions in Sussex County
Properties in any of these areas use Sussex County forms:
- Bethany Beach
- Bethel
- Bridgeville
- Dagsboro
- Delmar
- Dewey Beach
- Ellendale
- Fenwick Island
- Frankford
- Georgetown
- Greenwood
- Harbeson
- Laurel
- Lewes
- Lincoln
- Milford
- Millsboro
- Millville
- Milton
- Nassau
- Ocean View
- Rehoboth Beach
- Seaford
- Selbyville
Hours, fees, requirements, and more for Sussex County
How do I get my forms?
Forms are available for immediate download after payment. The Sussex 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 Sussex County?
Yes. Our form blanks are guaranteed to meet or exceed all formatting requirements set forth by Sussex 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 Sussex 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 Sussex County?
Recording fees in Sussex County vary. Contact the recorder's office at (302) 855-7785 for current fees.
Questions answered? Let's get started!
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 Sussex County to use these forms. Documents should be recorded at the office below.
This Gift Deed meets all recording requirements specific to Sussex County.
Our Promise
The documents you receive here will meet, or exceed, the Sussex 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 Sussex 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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January 15th, 2021
Simple and easy to download. After reading the instructions/sample pages I did still have some questions regarding the beneficiary deed for the state of MO.
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June 3rd, 2023
Deeds.com had much better and fuller information than any other help i found (90% complete vs 60 % complete); they tout how up-to-date they are on all the counties in the country and the idiosyncrasies of each county's forms and procedures; but some minor points of the info i needed were missing or confusing. Including that they sold me on e-Recording my deed through them, only to find out after i had done all the prep for that, that they had failed to tell me upfront (or i missed it somehow) that the county i was dealing with did not yet accept online recording. So, they were by far the best i found, but not 100%.
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June 18th, 2020
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October 21st, 2019
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April 24th, 2020
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