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Indiana - Elkhart County Gift Deed Form

All Elkhart County specific forms listed below are included in your immediate download:


Elkhart County Gift Deed Form Page 1

Gift Deed Form - Elkhart County

Fill in the blank form formatted to comply with all recording and content requirements.
Included document last updated 1/6/2021


Elkhart County Gift Deed Guide Page 1

Gift Deed Guide - Elkhart County

Line by line guide explaining every blank on the form.
Included document last updated 12/14/2020


Elkhart County Completed Example of the Gift Deed Document Page 1

Completed Example of the Gift Deed Document - Elkhart County

Example of a properly completed form for reference.
Included document last updated 1/12/2021


*The Following Indiana and Elkhart County supplemental forms are included as a courtesy with your order.


Sales Disclosure

Sales Disclosure

This form is required with an Indiana conveyance unless the transfer is without consideration, a gift, or a rerecording to correct an already recorded document. Some counties require that this form be prepared online. In order to determine which ones, enter county at this address: http://gatewaysdf.ifionline.org/


Notorial Certificate Proof

Notorial Certificate Proof

Effective: July 01, 2020 - Senate Bill 340 requires Notaries to perform two notarial acts - an acknowledgment and proof of execution - on document that will be recorded in an Indiana county.


Notary Certificates

Notary Certificates

The supplemental forms in this section can be used as loose certificates by notaries in the state.


Homestead Exemption

Homestead Exemption

If your property is your principal place of residence, you may qualify for a homestead exemption on your property taxes.


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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 the state or local jurisdiction. 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 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 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 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 a given county that you need to transfer you would only need to order our forms once for all of your properties in that county.
  • 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.
  • 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:

  • Elkhart County

Including:

  • Bristol
  • Elkhart
  • Goshen
  • Middlebury
  • Millersburg
  • Nappanee
  • New Paris
  • Wakarusa

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What is the Indiana Gift Deed?

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

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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.

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.

Customer Reviews:

4.8 out of 5 (2314 Reviews)


January 27th, 2021

Name: Maureen F.

Review: Forms were delivered quickly and were easily filled out. State specific!

Reply from Staff on January 27th, 2021

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January 27th, 2021

Name: Terrell W.

Review: Was a little hard to find the form but once I did everything worked well

Reply from Staff on January 27th, 2021

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January 27th, 2021

Name: Jose D.

Review: A little difficult in the beginning but with the messaging back and forth it was very simple and fast. Thank you for your help.

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January 27th, 2021

Name: Wendy C.

Review: I purchased a Warranty Deed "package" on Friday and found that the Main download was a working document, but the secondary document (which is required) was not. In other words, I was able to use the fill-in feature on the main document, but not on the second document. I used the portal on the website to report my issue the same day. That was Friday. This is Wednesday. I have not heard a word from them and I have to use my documents in 2 days. I will probably have to resort to pen and ink for that document, but I have already tried filling it out twice and have to keep reprinting and starting over. You can't white out or cross out. I would really prefer to have the complete service that I paid for.

Reply from Staff on January 27th, 2021

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January 27th, 2021

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Review: Well, When I got the question right I got the answers right from Claim Deed. In the end it all worked out very, very good. I'm pleased with the deed and the price was very fair. Thank you for answering all my crazy questions. Now all we have to do is go to UPS and sign it. Thank, again.

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January 26th, 2021

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Review: Great service ! Hawaii is not a "forms state" so unfortunately the public has no way to get templates on our local gov site but deeds.com to the rescue. The template was affordable and easy to use and successfully recorded. Great to use when you don't need to involve title or attorneys for simple deed changes, thank you

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January 26th, 2021

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Review: Excellent service for anyone doing their own deed filing without the use of a title company or an attorney. I will definitely recommend deeds.com to my notary clients and will be personally using this service again! ;)

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