Hamilton County Gift Deed Form (Illinois)

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

Gift Deed Form

Hamilton County Gift Deed Form

Fill in the blank form formatted to comply with all recording and content requirements.
Included Hamilton County compliant document last validated/updated 5/3/2024

Gift Deed Guide

Hamilton County Gift Deed Guide

Line by line guide explaining every blank on the form.
Included Hamilton County compliant document last validated/updated 7/9/2024

Completed Example of the Gift Deed Document

Hamilton County Completed Example of the Gift Deed Document

Example of a properly completed form for reference.
Included Hamilton County compliant document last validated/updated 7/3/2024

When using these Gift Deed forms, the subject real estate must be physically located in Hamilton County. The executed documents should then be recorded in the following office:

Hamilton County Clerk/Recorder

Courthouse - 100 South Jackson St, McLeansboro, Illinois 62859

Hours: 8:00 to 4:30 M-F

Phone: (618) 643-2721

Local jurisdictions located in Hamilton County include:

  • Broughton
  • Dahlgren
  • Dale
  • Macedonia
  • Mc Leansboro

How long does it take to get my forms?

Forms are available immediately after submitting payment.

How do I get my forms, are they emailed?

Immediately after you submit payment, the Hamilton County forms you order will be available for download directly from your account. You can then download the forms to your computer. If you do not already have an account, one will be created for you as part of the order process, and your login details will be provided to you. If you encounter any issues accessing your forms, please reach out to our support team for assistance. Forms are NOT emailed to you.

What does "validated/updated" mean?

This indicates the most recent date when at least one of the following occurred:

  • Updated: The document was updated or changed to remain compliant.
  • Validated: The document was examined by an attorney or staff, or it was successfully recorded in Hamilton County using our eRecording service.
Are these forms guaranteed to be recordable in Hamilton County?

Yes. Our form blanks are guaranteed to meet or exceed all formatting requirements set forth by Hamilton County including margin requirements, content requirements, font and font size requirements.

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 Hamilton County that you need to transfer you would only need to order our forms once for all of your properties in Hamilton County.

What are supplemental forms?

Often when a deed is recorded, additional documents are required by Illinois or Hamilton 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.

What type of files are the forms?

All of our Hamilton 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.

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.

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.

Are there any recurring fees involved?

No. Nothing to cancel, no memberships, no recurring fees.

Gifts of Real Property in Illinois

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 Illinois residential property, the primary methods for holding title are tenancy in common, joint tenancy, and tenancy by the entirety. An estate conveyed to two or more unmarried persons is considered a tenancy in common, unless otherwise specified (765 ILCS 1005/1). A conveyance to a married couple vests as tenancy by entirety unless otherwise specified (765 ILCS 1005/1c).

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 Illinois, if the signer is not personally known to the notarial officer, a witness must acknowledge and sign the deed (765 ILCS 5/24). All signatures must be original.

In Illinois, most conveyances of real property are subject to a Real Estate Transfer Tax and require a Real Estate Transfer Declaration (Form PTAX-203). However, because a gift deed transfers real property from one party to another with no exchange of valuable consideration, this type of conveyance is exempt from the tax and does not require a declaration (35 ILCS 200/31-45e). Record the completed gift deed with the 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 Illinois, there is no state gift tax. Gifts of real property in Illinois 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 and federal 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 Illinois 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

(Illinois Gift Deed Package includes form, guidelines, and completed example)

Our Promise

The documents you receive here will meet, or exceed, the Hamilton 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 Hamilton 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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