Habersham County Gift Deed Form

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

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

Habersham 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
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Additional Georgia and Habersham County documents included at no extra charge:
Where to Record Your Documents
Clerk of Superior Court
Clarkesville, Georgia 30523
Hours: 8:00am-5:00pm M-F
Phone: (706) 839-0300
Recording Tips for Habersham County:
- Bring your driver's license or state-issued photo ID
- Documents must be on 8.5 x 11 inch white paper
- Both spouses typically need to sign if property is jointly owned
- Request a receipt showing your recording numbers
- Bring multiple forms of payment in case one isn't accepted
Cities and Jurisdictions in Habersham County
Properties in any of these areas use Habersham County forms:
- Alto
- Clarkesville
- Cornelia
- Demorest
- Mount Airy
- Turnerville
Hours, fees, requirements, and more for Habersham County
How do I get my forms?
Forms are available for immediate download after payment. The Habersham 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 Habersham County?
Yes. Our form blanks are guaranteed to meet or exceed all formatting requirements set forth by Habersham 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 Habersham 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 Habersham County?
Recording fees in Habersham County vary. Contact the recorder's office at (706) 839-0300 for current fees.
Questions answered? Let's get started!
Gifts of Real Property in Georgia
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 information, 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 Georgia 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 otherwise specified (OCGA 44-6-120, 44-6-190).
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. In Georgia, deeds must be signed by the grantor in front of a notary and one witness ( 44-2-21(b)). All signatures must be original.
In Georgia, all documents conveying an interest in real property require a Real Estate Transfer Tax Form (PT-61). This form is available online at gsccca.org, and it must be submitted electronically [1]. Record the completed gift deed, along with additional materials, with the clerk of court's office where the subject property is located. Contact the same office to confirm recording fees and 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 [2].
In Georgia, there is no state gift tax. Gifts of real property in Georgia 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 (grantee) will be held liable [2]. For questions regarding state tax laws, consult a tax specialist.
In accordance with federal law, individuals are permitted an annual exclusion of $15,000 on gifts. This means that gifts valued below $15,000 do not require a federal gift tax return (Form 709). Even so, donors should consider filing one for many gifts of real property [3].
This article is provided for informational purposes only and is not a substitute for the advice of an attorney. Contact a Georgia lawyer with any questions about gift deeds or other issues related to the transfer of real property.
[1] http://apps.gsccca.org/pt61efiling/faq.asp#4
[2] http://msuextension.org/publications/FamilyFinancialManagement/MT199105HR.pdf
[3] https://www.irs.gov/businesses/small-businesses-self-employed/frequently-asked-questions-on-gift-taxes
(Georgia Gift Deed Package includes form, guidelines, and completed example)
Important: Your property must be located in Habersham County to use these forms. Documents should be recorded at the office below.
This Gift Deed meets all recording requirements specific to Habersham County.
Our Promise
The documents you receive here will meet, or exceed, the Habersham 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 Habersham 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 22nd, 2019
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December 4th, 2019
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November 9th, 2019
I sent Deeds.com an email with a question, asking for a little guidance as to which form(s) I need, but I'm waiting for a reply. My wife and I own 3 homes (2 in Indiana & 1 in Florida). We are needing to deed each to ourselves and put them into our living trust. I asked Deeds.com to please help by suggesting which forms I need for this. I do not want to get the wrong ones. I have not received a reply yet. When I receive a helpful reply and am able to purchase the correct forms, I am fairly certain my rating will go from 1 to 5. I withhold judgement until later.
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August 7th, 2020
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