Elkhart County Gift Deed Form

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

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

Elkhart 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 Indiana and Elkhart County documents included at no extra charge:
Where to Record Your Documents
Elkhart County Recorder
Goshen, Indiana 46526
Hours: Mon 8:00 to 5:00; Tue-Fri 8:00 to 4:00
Phone: (574) 535-6756
Recording Tips for Elkhart County:
- Verify all names are spelled correctly before recording
- Leave recording info boxes blank - the office fills these
- Bring extra funds - fees can vary by document type and page count
- Recording fees may differ from what's posted online - verify current rates
- Both spouses typically need to sign if property is jointly owned
Cities and Jurisdictions in Elkhart County
Properties in any of these areas use Elkhart County forms:
- Bristol
- Elkhart
- Goshen
- Middlebury
- Millersburg
- Nappanee
- New Paris
- Wakarusa
Hours, fees, requirements, and more for Elkhart County
How do I get my forms?
Forms are available for immediate download after payment. The Elkhart 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 Elkhart County?
Yes. Our form blanks are guaranteed to meet or exceed all formatting requirements set forth by Elkhart 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 Elkhart 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 Elkhart County?
Recording fees in Elkhart County vary. Contact the recorder's office at (574) 535-6756 for current fees.
Questions answered? Let's get started!
Gifting Real Property (Real Estate) in Indiana
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 Indiana residential property, the primary methods for holding title are tenancy in common, joint tenancy, and tenancy by the entirety (I.C. 32-21-10-2). An estate conveyed to two or more people is presumed a tenancy in common, unless otherwise specified (I.C. 32-17-2-1). An estate conveyed to a married couple vests as tenancy by the entirety unless otherwise specified (I.C. 32-17-3-1).
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 Indiana, the deed must be signed by the grantor and acknowledged by an individual authorized to take acknowledgements (I.C. 32-21-2-3). All signatures must be original.
In Indiana, most conveyances of real property require a Sales Disclosure Form. Because a gift deed transfers real property from one party to another with no exchange of consideration, however, this type of conveyance is exempt. Record the completed gift deed in the recorder's office of the county 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 Indiana, there is no state gift tax, but gifts of real property are 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). If the gift's value could possibly be disputed by the IRS, 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 an Indiana 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
(Indiana Gift Deed Package includes form, guidelines, and completed example)
Important: Your property must be located in Elkhart County to use these forms. Documents should be recorded at the office below.
This Gift Deed meets all recording requirements specific to Elkhart County.
Our Promise
The documents you receive here will meet, or exceed, the Elkhart 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 Elkhart 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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