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Form Package
Gift Deed
State
Delaware
Area
Sussex County
Price
$27.97
Delivery
Immediate Download

Payment Information

Included Forms

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


Sussex County Gift Deed Form Page 1

Gift Deed Form - Sussex County

Fill in the blank form formatted to comply with all recording and content requirements.
Included document last updated 9/15/2022

Sussex County Gift Deed Guide Page 1

Gift Deed Guide - Sussex County

Line by line guide explaining every blank on the form.
Included document last updated 9/9/2022

Sussex County Completed Example of the Gift Deed Document Page 1

Completed Example of the Gift Deed Document - Sussex County

Example of a properly completed form for reference.
Included document last updated 9/8/2022

Frequently Asked Questions:

  • How long does it take to get my forms?
    • Forms are available immediately after submitting payment.
  • What are supplemental forms?
    • Often when a deed is recorded additional documents are required by Delaware or Sussex 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.
  • How do I get my forms, are they emailed?
    • After you submit payment you will see a page listing the Sussex County forms you ordered with a download link to the pdf form file. You download the forms to your computer. You will also receive an email with a link to your download page in case you need it later.
  • What type of files are the forms?
    • All of our Sussex 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.
  • 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 Sussex County that you need to transfer you would only need to order our forms once for all of your properties in Sussex County.
  • 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.
  • 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.
  • 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.
  • Are there any recurring fees involved?
    • No. Nothing to cancel, no memberships, no recurring fees.

Areas covered by these Gift Deed Forms:

  • Sussex County

Including:

  • 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

What is the Delaware Gift Deed?

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

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.

Customer Reviews:

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

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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

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Name: Allan y.

Review: I liked the guide and example to follow to fill out the form. Very helpful!!

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Name: Stanley P.

Review: Fast accurate service

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Name: Tracey H.

Review: The transaction was easy and the download was immediately, What a great service to provide for a reasonable price. I highly recommend this service.

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Name: Veronica F.

Review: Im so happy with this site. It was quick and painless and worth the money hassle free if I ever need to settle another deed I will be back.

Reply from Staff

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Name: Chuck M.

Review: Easy to use service. However, the product that I purchased did not meet my needs. No fault of the company.

Reply from Staff

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Name: Robert C.

Review: Wow! Wish I had found DEEDS.com a few hours earlier. Quickly was able to pay a reasonable fee for some documents/templates along with an explanation. Very pleased

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Review: Complete and easy to order. Helpful other documents were included.

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Name: Harry W B.

Review: This is a very valuable resource. It was user friendly and made transfer happen in a day!

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Review: Very fast and professionally handled.

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