All Wallace County specific forms and documents listed below are included in your immediate download package:
The Following Kansas and Wallace County supplemental forms are included as a courtesy with your order.
List of Counties for One-part Form (Kansas Document)
Real Estate Sales Validation Questionnaire / One-part Form (Kansas Document)
Certificate of Acknowledgment - Individual (Kansas Document)
Certificate of Acknowledgment - Representative (Kansas Document)
Jurat (Kansas Document)
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 Kansas residential property, the primary methods for holding title are tenancy in common and joint tenancy. An estate conveyed to two or more persons is considered a tenancy in common, unless a joint tenancy is clearly expressed (K.S.A. 58-501).
As with any conveyance of realty, a gift deed requires a complete legal description of the parcel. Recite the prior deed reference 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.
Record the completed gift deed with the Register of Deeds in the county where the subject property is located. Contact the same office to confirm recording fees and accepted forms of payment. In Kansas, conveyances of real property typically require a Real Estate Sales Validation Questionnaire, unless the conveyance is exempt. Because there is no exchange of consideration when real property is gifted from one party to another, gift deeds are exempt from this requirement under K.S.A. 79-1437e(4).
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 Kansas, 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 regulations, 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 a Kansas lawyer with any questions about gift deeds or other matters 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
The documents you receive here will meet, or exceed, the Wallace County recording requirements for formatting. If there's an issue caused by our formatting, we'll make it right and refund your payment.
Get your Wallace 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.
May 27th, 2022
Name: Richard B.
Review: Had trouble filling in the forms not very user friendly. The text always had to be manipulated to look in the best place. Could not easily move existing text to look more professional with the text being inserted.
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May 27th, 2022
Name: Tony W.
Review: I have not completed the forms yet but they appear to be exactly what I need for the purpose they are intended. Thanks
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May 27th, 2022
Name: Judy F.
Review: The site was easy to use, I just wasn't sure which of all these documents I needed.
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May 26th, 2022
Name: Dawn L.
Review: Not totally satisfied as unable to edit as needed on signature page of the deed. I want to be able to date the document and don't want the verbage "signed, sealed and delivered in the presence of" to appear and cannot remove it. The notary will make his or her own statement below as to the date executed.
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May 25th, 2022
Name: Estelle R.
Review: Easy to download. Hopefully easy to fill in. Just wish there was wording for a Beneficiary Deed for moving real estate property owned by a married couple to their Trust upon death of last Trustee.
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