Clayton County Gift Deed Form

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

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

Clayton 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 Iowa and Clayton County documents included at no extra charge:
Where to Record Your Documents
Clayton County Recorder
Elkader, Iowa 52043-0278
Hours: 8:00am to 4:30pm M-F
Phone: (563) 245-2710
Recording Tips for Clayton County:
- Verify all names are spelled correctly before recording
- Recorded documents become public record - avoid including SSNs
- Recording fees may differ from what's posted online - verify current rates
Cities and Jurisdictions in Clayton County
Properties in any of these areas use Clayton County forms:
- Edgewood
- Elkader
- Elkport
- Farmersburg
- Garber
- Garnavillo
- Guttenberg
- Luana
- Marquette
- Mc Gregor
- Monona
- North Buena Vista
- Saint Olaf
- Strawberry Point
- Volga
Hours, fees, requirements, and more for Clayton County
How do I get my forms?
Forms are available for immediate download after payment. The Clayton 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 Clayton County?
Yes. Our form blanks are guaranteed to meet or exceed all formatting requirements set forth by Clayton 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 Clayton 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 Clayton County?
Recording fees in Clayton County vary. Contact the recorder's office at (563) 245-2710 for current fees.
Questions answered? Let's get started!
Gifts of Real Property in Iowa
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 Iowa residential property, the primary methods for holding title are tenancy in common and joint tenancy. An estate conveyed to two or more people who are not married to each other is considered a tenancy in common unless otherwise specified. A conveyance to a married couple vests as joint tenancy with rights of survivorship unless otherwise stated (Iowa Code 557.15).
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. The deed must be signed by the grantor and acknowledged by an individual authorized to take acknowledgements. All signatures must be original.
In Iowa, most conveyances of real property require a Declaration of Value. Because a gift deed transfers real property from one party to another with no exchange of consideration, however, it is exempt from this requirement (Iowa Code 428A.2(21)). 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 Iowa, 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). However, 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 Iowa 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
(Iowa Gift Deed Package includes form, guidelines, and completed example)
Important: Your property must be located in Clayton County to use these forms. Documents should be recorded at the office below.
This Gift Deed meets all recording requirements specific to Clayton County.
Our Promise
The documents you receive here will meet, or exceed, the Clayton 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 Clayton 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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Donna F.
March 4th, 2019
Straight forward easy to understand completing my document. The guide readily explained filing all portions of the document.
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February 12th, 2021
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June 4th, 2019
Thank you for your help the website is simple and easy to use and dealing with this county for the 1st time there were a few things i was not too sure about but your staff was prompt and responsive and anytime there was a glitch we were promptly able to resolve the issue until the deed was accepted and recorded by the county great service thanks again.
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August 18th, 2022
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