Marshall County Gift Deed Form (Kentucky)

All Marshall County specific forms and documents listed below are included in your immediate download package:

Gift Deed Form

Marshall County Gift Deed Form

Fill in the blank form formatted to comply with all recording and content requirements.
Included Marshall County compliant document last validated/updated 6/4/2024

Gift Deed Guide

Marshall County Gift Deed Guide

Line by line guide explaining every blank on the form.
Included Marshall County compliant document last validated/updated 5/2/2024

Completed Example of the Gift Deed Document

Marshall County Completed Example of the Gift Deed Document

Example of a properly completed form for reference.
Included Marshall County compliant document last validated/updated 6/7/2024

When using these Gift Deed forms, the subject real estate must be physically located in Marshall County. The executed documents should then be recorded in the following office:

Marshall County Clerk

1101 Main St, Benton, Kentucky 42025

Hours: 8:30 to 4:30 M-F

Phone: (270) 527-4740

Local jurisdictions located in Marshall County include:

  • Benton
  • Calvert City
  • Gilbertsville
  • Hardin

How long does it take to get my forms?

Forms are available immediately after submitting payment.

How do I get my forms, are they emailed?

Immediately after you submit payment, the Marshall County forms you order will be available for download directly from your account. You can then download the forms to your computer. If you do not already have an account, one will be created for you as part of the order process, and your login details will be provided to you. If you encounter any issues accessing your forms, please reach out to our support team for assistance. Forms are NOT emailed to you.

What does "validated/updated" mean?

This indicates the most recent date when at least one of the following occurred:

  • Updated: The document was updated or changed to remain compliant.
  • Validated: The document was examined by an attorney or staff, or it was successfully recorded in Marshall County using our eRecording service.
Are these forms guaranteed to be recordable in Marshall County?

Yes. Our form blanks are guaranteed to meet or exceed all formatting requirements set forth by Marshall County including margin requirements, content requirements, font and font size requirements.

Can the Gift Deed 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 Marshall County that you need to transfer you would only need to order our forms once for all of your properties in Marshall County.

What are supplemental forms?

Often when a deed is recorded, additional documents are required by Kentucky or Marshall County. These could be tax related, informational, or even as simple as a coversheet. Supplemental forms are provided for free with your order where available.

What type of files are the forms?

All of our Marshall County Gift Deed 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.

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.

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.

Are there any recurring fees involved?

No. Nothing to cancel, no memberships, no recurring fees.

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 Kentucky residential property, the primary methods for holding title are tenancy in common, joint tenancy, and tenancy by the entirety. An estate conveyed to two or more persons is considered a tenancy in common, unless a joint tenancy is specified. An estate conveyed to a husband and wife vests as a tenancy in common, unless a tenancy by the entirety with full right of survivorship is expressly stated (KRS 381.050).

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.

In Kentucky, most conveyances of real property require a statement of consideration. A transfer tax is levied based on the actual consideration stated and paid. When real property is gifted from one party to another and no consideration is exchanged, tax is paid on the property's estimated value, so that amount must be stated within the instrument (KRS 382.135(1)(e)). "Value," as defined by KRS 142.050(1)(b)(2), is "the estimated price the property would bring in an open market and under the then prevailing market conditions in a sale between a willing seller and a willing buyer, both conversant with the property and with prevailing general price levels." Each grantee must join in signing to certify the consideration statement.

The deed must be signed by both the grantor and grantee and acknowledged by an authorized individual. All signatures must be original. In Kentucky, deeds also require a preparation statement, comprised of the document preparer's name, address, and signature (KRS 382.335(1)). Instruments also require the name and address of the person to receive future tax statements on the subject property (KRS 382.135(1)(d)).

Record the completed gift deed with the clerk's office in 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 Kentucky, 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]. 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 Kentucky 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

(Kentucky Gift Deed Package includes form, guidelines, and completed example)

Our Promise

The documents you receive here will meet, or exceed, the Marshall County recording requirements for formatting. If there's an issue caused by our formatting, we'll make it right and refund your payment.

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Get your Marshall 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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July 22nd, 2022

Not a fan. Filling in the WI RE transfer return was simple enough. However, it downloaded as a DOR file and I can't find a program to open it. So, I have no way to print the form to complete the process.

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May 29th, 2020

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.

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June 22nd, 2021

I wanna give more stars because the required information is there, but the character spacing is disjointed on the first page, rendering a gap-filled, awkward-looking document. Also, the opening parenthesis for the first field on the first page is on the wrong line and is backwards, which sets the wrong tone especially since it's the first thing you have to fill out.

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January 2nd, 2020

I am excited for your service. I'm counting on this working-and calling to see if I can e-file with the County of dealing with, and if so, your service will have saved me more years of stress, worrying about how to correct a deed that was titled incorrectly.

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