Penobscot County Gift Deed Form (Maine)

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

Gift Deed Form

Penobscot County Gift Deed Form

Fill in the blank form formatted to comply with all recording and content requirements.
Included Penobscot County compliant document last validated/updated 4/29/2024

Gift Deed Guide

Penobscot County Gift Deed Guide

Line by line guide explaining every blank on the form.
Included Penobscot County compliant document last validated/updated 5/9/2024

Completed Example of the Gift Deed Document

Penobscot County Completed Example of the Gift Deed Document

Example of a properly completed form for reference.
Included Penobscot County compliant document last validated/updated 12/21/2023

When using these Gift Deed forms, the subject real estate should be physically located in Penobscot County, and the executed documents recorded in one of the following offices:

Penobscot Registry of Deeds

97 Hammond St / PO Box 2070, Bangor, Maine 04401 / 04402-2070

Hours: 8:00 to 4:30 Monday through Friday

Phone: (207) 942-8797

Local jurisdictions located in Penobscot County include:

  • Bangor
  • Bradford
  • Bradley
  • Brewer
  • Burlington
  • Carmel
  • Charleston
  • Corinna
  • Corinth
  • Dexter
  • Dixmont
  • East Millinocket
  • East Newport
  • Eddington
  • Etna
  • Exeter
  • Garland
  • Greenbush
  • Hampden
  • Holden
  • Howland
  • Hudson
  • Kenduskeag
  • Kingman
  • Lagrange
  • Lee
  • Levant
  • Lincoln
  • Mattawamkeag
  • Medway
  • Milford
  • Millinocket
  • Newport
  • Old Town
  • Orono
  • Orrington
  • Passadumkeag
  • Patten
  • Plymouth
  • Springfield
  • Stacyville
  • Stetson
  • Stillwater
  • West Enfield
  • Winn

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?

Forms are NOT emailed to you. Immediately after you submit payment, the Penobscot 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 sent to you. If you encounter any issues accessing your forms, please reach out to our support team for assistance.

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 Penobscot County using our eRecording service.
Are these forms guaranteed to be recordable in Penobscot County?

Yes. Our form blanks are guaranteed to meet or exceed all formatting requirements set forth by Penobscot 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 Penobscot County that you need to transfer you would only need to order our forms once for all of your properties in Penobscot County.

What are supplemental forms?

Often when a deed is recorded, additional documents are required by Maine or Penobscot 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 Penobscot 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.

Gifts of Real Property in Maine

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, marital status, and mailing address, 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 Maine 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 (33 M.R.S. 159).

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 Maine, spouses must join in the conveyance of realty to release their homestead right in the property, regardless of whether they hold an actual interest. The grantor must indicate whether spousal joinder to waive interest in the property is required for the transaction. This ensures that the transfer "conveys any and all interest of the joining spouse to the property described in the deed or other instrument" (33 M.R.S. 772-A(1)). The deed must be signed by the grantor and grantor's spouse, if applicable, and acknowledged by an authorized individual (33 M.R.S. 203). All signatures must be original.

Most conveyances of real property in Maine are subject to a Real Estate Transfer Tax, but there are exemptions. If a conveyance is exempt, the exemption must be clearly stated on the face of the deed. See 33 M.R.S. 4641-C for a list of exempt transfers.

Record the completed gift deed with the registry of deeds 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 Maine, 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 a Maine 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

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

Our Promise

The documents you receive here will meet, or exceed, the Penobscot 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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