Idaho - Franklin County Gift Deed Forms

Included Forms

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

Gift Deed Form - Franklin County

Fill in the blank form formatted to comply with all recording and content requirements.
Included document last updated 5/30/2023

Gift Deed Guide - Franklin County

Line by line guide explaining every blank on the form.
Included document last updated 2/24/2023

Completed Example of the Gift Deed Document - Franklin County

Example of a properly completed form for reference.
Included document last updated 5/18/2023

Included Supplemental Documents

The Following Idaho and Franklin County supplemental forms are included as a courtesy with your order.

No supplemental forms at this time.

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 Idaho or Franklin 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 Franklin 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 Franklin 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 Franklin County that you need to transfer you would only need to order our forms once for all of your properties in Franklin County.
• Are these forms guaranteed to be recordable in Franklin County ?
  • Yes. Our form blanks are guaranteed to meet or exceed all formatting requirements set forth by Franklin 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:

• Franklin County

Including:

• Clifton
• Dayton
• Franklin
• Preston
• Thatcher
• Weston

What is the Idaho Gift Deed?

Gifting Real Estate in Idaho

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 Idaho residential property, the primary methods for holding title are tenancy in common, joint tenancy, and community property. An estate conveyed to two or more unmarried persons is considered a tenancy in common, unless otherwise specified (I.C. 55-104, 508). A conveyance to two married persons is presumed to vest as community property ( 32-906).

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 Idaho, if the signer is not personally known to the notarial officer, the instrument requires the signature of one witness ( 55-719). All signatures must be original. Record the completed gift deed with the clerk or recorder'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 [1].

In Idaho, there is no state gift tax. Gifts of real property in Idaho 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 [1]. 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 [2].

This article is provided for informational purposes only and is not a substitute for the advice of an attorney. Contact an Idaho 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 Franklin 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 Franklin 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 (4069 Reviews)

June 8th, 2023

Name: Tim T.

Review: Very easy to find forms and good examples for filling out forms!

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June 8th, 2023

Name: Lori B.

Review: Great service. Very easy to follow instructions and examples. I would use again.

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June 6th, 2023

Name: Susan J.

Review: I was pleased that I could send the documents this way rather than having to mail it or take time out of my day to go down to the records office.

Reply from Staff on June 6th, 2023

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Name: Elvira N.

Review: Very useful, it even includes a guide on filling out the deed form!

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Name: Jimmy P.

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Name: Valerie S.

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Name: Paula M.

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Name: Shelly S.

Review: was fairly easy to work through the forms but needed better information on what goes on a few of the lines

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Review: The Website was easy to use. I live in Houston Texas and mother recently passed away in California and I need affidavit of joint tenant forms. I was provided all the forms necessary to complete the documents. I had been a legal secretary in California about 20 years ago and just need the current forms and received them all very quickly.

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