Berkshire County Gift Deed Form (Massachusetts)
All Berkshire County specific forms and documents listed below are included in your immediate download package:
Gift Deed Form
Fill in the blank form formatted to comply with all recording and content requirements.
Included Berkshire County compliant document last validated/updated 7/18/2024
Gift Deed Guide
Line by line guide explaining every blank on the form.
Included Berkshire County compliant document last validated/updated 7/1/2024
Completed Example of the Gift Deed Document
Example of a properly completed form for reference.
Included Berkshire County compliant document last validated/updated 6/18/2024
The following Massachusetts and Berkshire County supplemental forms are included as a courtesy with your order:
When using these Gift Deed forms, the subject real estate must be physically located in Berkshire County. The executed documents should then be recorded in one of the following offices:
Berkshire Middle District Registry of Deeds
44 Bank Row, Pittsfield, Massachusetts 01201
Hours: 8:30 to 4:30 M-F / Recording until 4:00
Phone: (413) 443-7438
Northern Berkshire District Registry of Deeds
65 Park Street, Adams, Massachusetts 01220
Hours: 8:30 to 4:30 M-F / Recording until 4:00
Phone: (413) 743-0035
Southern Berkshire District Registry of Deeds
334 Main St, Suite 2, Great Barrington, Massachusetts 01230
Hours: 8:30 to 4:30 M-F / Recording until 4:00
Phone: (413) 528-0146
Local jurisdictions located in Berkshire County include:
- Adams
- Ashley Falls
- Becket
- Berkshire
- Cheshire
- Dalton
- Drury
- East Otis
- Glendale
- Great Barrington
- Hinsdale
- Housatonic
- Lanesboro
- Lee
- Lenox
- Lenox Dale
- Mill River
- Monterey
- North Adams
- North Egremont
- Otis
- Pittsfield
- Richmond
- Sandisfield
- Savoy
- Sheffield
- South Egremont
- South Lee
- Southfield
- Stockbridge
- Tyringham
- West Stockbridge
- Williamstown
- Windsor
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 Berkshire 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 Berkshire County using our eRecording service.
Are these forms guaranteed to be recordable in Berkshire County?
Yes. Our form blanks are guaranteed to meet or exceed all formatting requirements set forth by Berkshire 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 Berkshire County that you need to transfer you would only need to order our forms once for all of your properties in Berkshire County.
What are supplemental forms?
Often when a deed is recorded, additional documents are required by Massachusetts or Berkshire 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 Berkshire 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 Massachusetts
A gift deed, or deed of gift, is a legal document voluntarily transferring title to real property from one party (the grantor or donor) to another (the grantee or donee). A gift deed typically transfers real property between family or close friends. Gift deeds are also used to donate to a non-profit organization or charity. The deed serves as proof that the transfer is indeed a gift and without consideration (any conditions or form of compensation).
Valid deeds must meet the following requirements: The grantor must intend to make a present gift of the property, the grantor must deliver the property to the grantee, and the grantee must accept the gift. Gift deeds must contain language that explicitly states no consideration is expected or required, because any ambiguity or reference to consideration can make the deed contestable in court. A promise to transfer ownership in the future is not a gift, and any deed that does not immediately transfer the interest in the property, or meet any of the aforementioned requirements, can be revoked [1].
A lawful gift deed must also include the grantor's full name and marital status, as well as the grantee's full name, marital status, mailing address, and vesting. Vesting describes how the grantee holds title to the property. For Massachusetts residential property, the primary methods for holding title are tenancy in common, joint tenancy, and tenancy by entirety. A grant of ownership of real estate to two or more persons, regardless of marital status, is presumed to create a tenancy in common, unless the deed expressly states otherwise (G.L.c. 184, 7).
As with any conveyance of real estate, a gift deed requires a complete legal description of the parcel. Include all relevant documents, affidavits, forms, and fees with the along with the deed for recording as well. For questions regarding appropriate forms, contact the local Registry of Deed's Office.
Record the completed deed at the local County Registry of Deed's office. Some counties (Berkshire, Bristol, Essex, Middlesex, Worcester) are split into two or more recording districts, so make sure to record the deed in the correct location. If the deed pertains to registered land, submit the deed, along with required supporting documentation, for recording with the Registry District of the Land Court. Contact the local recording office with questions.
The IRS levies a Federal Gift Tax on any transfer of property from one individual to another with no consideration, or consideration that is less than the full market value. Gifts of real property in Massachusetts are subject to this federal gift tax. 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). Even so, grantors should consider filing one for many gifts of real property [2]. The grantor is responsible for paying the federal gift tax; however, if the grantor does not pay the gift tax, the grantee will be held liable [1].
In Massachusetts, there is no state gift tax. For questions regarding gift taxes, consult a tax specialist.
With gifts of real property, the recipient of the gift (grantee) is not required to declare the amount of the gift as income, but if the property accrues income after the transaction, the recipient is responsible for paying the requisite state and federal income taxes [3].
This article is provided for informational purposes only and is not a substitute for the advice of an attorney. Contact a lawyer with any questions about gift deeds or other issues related to the transfer of real property. For questions regarding federal and state taxation laws, consult a tax specialist.
[1]https://nationalparalegal.edu/public_documents/courseware_asp_files/realProperty/PersonalProperty/InterVivosGifts.asp
[2] http://msuextension.org/publications/FamilyFinancialManagement/MT199105HR.pdf
[3] https://www.irs.gov/businesses/small-businesses-self-employed/frequently-asked-questions-on-gift-taxes
(Massachusetts GD Package includes form, guidelines, and completed example)
Our Promise
The documents you receive here will meet, or exceed, the Berkshire 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 Berkshire 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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AARON D.
July 26th, 2024
Forms were great ! Cancelled my lawyer's appointment & utilized your forms.rn
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Anne H.
July 25th, 2024
After some initial general confusion -- (we sold a small piece of land privately and therefore do not typically prepare such documentation (!)) -- we were able to purchase and download all forms from Deeds.com and understand how to complete it/them. The help is all there, we just needed to read and study it - the "Example" helped alot. We were able to complete the Document per your online form(s) and then take it to be signed/notarized - and take the completed paper document to the Registry -- and it is now all registered and we are All Set. rn Took the morning (only). THANK YOU. A wonderful tool!!
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charles b.
July 21st, 2024
The product I needed was available, easy to download, access and complete. The instructions were very helpful. I had previously purchased another product which was terrible. I highly recommend Deeds.com
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Mary B.
February 8th, 2023
Your information was orderly and very clear and helpful. Thanks!
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A. S.
February 27th, 2019
First, I am glad that you gave a blank copy, an example copy, and a 'guide'. It made it much easier to do. Overall I was very happy with your products and organization... however, things got pretty confusing and I have a pretty 'serious' law background in Real Estate and Civil law. With that said, I spent about 10+ hours getting my work done, using the Deed of Trust and Promissory note from you and there were a few problems: First, it would be FANTASTIC if you actually aligned your guide to actually match the Deed or Promissory Note. What I mean is that if the Deed says 'section (E)' then your guide shouldn't be 'randomly' numbered as 1,2,3, for advice/instructions, but should EXACTLY match 'section (E)'. Some places you have to 'hunt' for what you are looking for, and if you did it based on my suggestion, you wouldn't need to 'hunt' and it would avoid confusion. 2nd: This one really 'hurt'... you had something called the 'Deed of Trust Master Form' yet you had basically no information on what it was or how to use it. The only information you had was a small section at the top of the 'Short Form Deed of Trust Guide'. Holy Cow, was that 'section' super confusing. I still don't know if I did it correctly, but your guide says only put a return address on it and leave the rest of the 16 or so page Deed of Trust beneath it blank... and then include your 'Deed of Trust' (I had to assume the short form deed that I had just created) as part of it. I had to assume that I had to print off the entire 17 page or so title page and blank deed. I also had to assume that the promissory note was supposed to be EXHIBIT A or B on the Short Form Deed. It would be great if someone would take a serious look at that short section in your 'Short Form Deed of Trust Guide' and realize that those of us using your products are seriously turning this into a county clerk to file and that most of us, probably already have a property that has an existing Deed... or at least can find one in the county records if necessary... and make sure that you make a distinction between the Deed for the property that already exists, versus the Deed of Trust and Promissory note that we are trying to file. Thanks.
Thank you for your feedback. We'll have staff review the document for clarity. Have a great day!
Wendy B.
December 20th, 2019
Really appreciate you he quick response and solution to my problem!!
Thank you!!
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jim g.
June 4th, 2020
so far so good. was hoping to have the recorded document already. i need the recorded document by friday, june 5th for my city approval. anyway you can please get it to me tomorrow.
thanks,
jim
Thank you!
Joe D.
June 15th, 2019
Complete coverage of deeds, laws, etc.
Thank you!
Jim P.
August 8th, 2022
Exactly what we were looking for and filled out everything in minutes. Great value!
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JAY W.
June 17th, 2021
ok
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Bonnie V.
May 10th, 2019
I was very pleased with Deeds.Com.
It was easy to use.
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Will C.
April 8th, 2019
I was very happy with my interaction. The county didn't supply the book and page which was what I needed. The tech refunded my money since I didn't get the info I needed. I will use Deeds.com again.
Thank you for your feedback. We really appreciate it. Have a great day!
Shane T.
March 7th, 2020
The Transfer on Death Deed form package was very good. But like anything, could use some improvements.
There is not enough space to fill more than one beneficiary with any level of additional detail like "as his sole and separate property"
The area for the legal description could be a bit bigger and potentially fit many legal descriptions. Or it could be made to simply say "See Exhibit A" as is likely necessary for most anyway.
The guide should indicate what "homestead property" means so the user doesn't have to research the legal definition. (which turns out to be obvious, at least in my state, if you live there, it's your homestead.)
It would be helpful if an "Affidavit of Death" form were included in the package for instances where the current deed hasn't been updated to reflect a widowed owner as the sole owner before recording with only the one signature.
Thank you for your feedback. We really appreciate it. Have a great day!
JOHN H.
July 20th, 2022
It was simple and fast thanks so much.
We appreciate your business and value your feedback. Thank you. Have a wonderful day!
Leo b.
March 26th, 2019
Awesome site great paperwork EZ Forms great.
Thank you Leo.