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Gift Deed Form - Franklin County
Fill in the blank form formatted to comply with all recording and content requirements.
Included document last updated 5/20/2020
Gift Deed Guide - Franklin County
Line by line guide explaining every blank on the form.
Included document last updated 5/5/2020
Completed Example of the Gift Deed Document - Franklin County
Example of a properly completed form for reference.
Included document last updated 5/27/2020
*The Following Iowa and Franklin County supplemental forms are included as a courtesy with your order.
Real Estate Transfer Declaration of Value
According to Iowa law, a Declaration of Value, stating the full consideration paid in certain non-exempt real estate conveyances, must be submitted to the county recorder at the time a deed, contract, instrument, or other writing is presented for recording. A version to be filled in online as well as a print version of the form are available. Both include instructions, but make sure to consult the Detailed Filing Instructions as well.
Real Estate Transfer Groundwater Hazard Statement
This form must be presented to the county recorder when the document to be recorded is filed. The recorder shall forward the original to the transferee when the recorded instrument is returned.
Transfer Tax
This tax table lists transfer tax rates by amount of consideration.
Iowa Homestead Exemption
If you are an Iowa resident property owner and live in the property for 6 months or longer each year, you may qualify for a Homestead exempition. This can reduce your property taxes.
Notary Certificates
The supplemental forms in this section can be used as loose certificates by notaries in the state.
Including:
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
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.
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.
4.8 out of 5 (1452 Reviews) May 31st, 2020
Name: Aubrey M.
Review: I am an attorney who was trying to draft some deeds in arizona. The deed templates coupled with the document instructions saved me hours work. At 1st I was skeptical, so spent hours figuring out how to draft the documents, but could have saved so much time If I had just spend the $20 sooner. Would use again is needed a deed format as a basis for my drafting.
Reply from Staff on May 31st, 2020
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May 30th, 2020
Name: Gregory B.
Review: I believe you need more instruction on the use of the web site. I would type and nothing would appear on the form. When I tried to save a completed form I ended with a blank form with no detail.
Reply from Staff on May 30th, 2020
Thank you!
May 29th, 2020
Name: Carla H.
Review: This is a very useful site for downloading legal forms - just be sure you're getting the form you need before buying. Unfortunately I selected the wrong form initially and had to buy a 2nd form to correct my error. I saw no way of communicating my error at that point - i.e., loss of one star.
Reply from Staff on May 30th, 2020
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May 29th, 2020
Name: Thomas B.
Review: My deeds were filed with Pinellas County Florida with a simple process and with no problems. 5 star for sure.
Reply from Staff on May 29th, 2020
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May 29th, 2020
Name: james b.
Review: worked great
Reply from Staff on May 29th, 2020
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May 29th, 2020
Name: Kendrick S.
Review: Really solid system for determining what may prevent your documents from being accepted. I love the comments section allowing for fluid communication. I only wish there were automated emails for all those communications and once documents were accepted, but I did receive a couple personally-generated emails regarding the progress instructing me to check the site.
Reply from Staff on May 29th, 2020
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May 29th, 2020
Name: Lester A.
Review: Couldnt have been easier. Docs recorded the next day!
Reply from Staff on May 29th, 2020
Thanks Lester, glad we could help.
May 29th, 2020
Name: Debra M.
Review: Since the recorder's office is closed, due to Covid, this worked well to submit my Quit Claim Deed. I was a bit confused with the direction and download. But, I think I got her done! We'll see if I get recorded and confirmation is received. I may be back
Reply from Staff on May 29th, 2020
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May 29th, 2020
Name: Danna F.
Review: VERY INFORMATIVE
Reply from Staff on May 29th, 2020
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May 28th, 2020
Name: Stephanie B.
Review: Really great, relevant and straight forward forms. Deeds.com is excellent and helps you avoid costly errors on documents.
Reply from Staff on May 29th, 2020
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