Berkshire County Gift Deed Forms (Massachusetts)

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Form Package

Gift Deed

State

Massachusetts

Area

Berkshire County

Price

$27.97

Delivery

Immediate Download

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More info on getting a copy of your existing deed and eRecording.

Included Forms

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

Gift Deed Form

Gift Deed Form

Fill in the blank form formatted to comply with all recording and content requirements.
Included document last reviewed/updated 2/23/2024

Gift Deed Guide

Gift Deed Guide

Line by line guide explaining every blank on the form.
Included document last reviewed/updated 12/26/2023

Completed Example of the Gift Deed Document

Completed Example of the Gift Deed Document

Example of a properly completed form for reference.
Included document last reviewed/updated 4/8/2024

Frequently Asked Questions:

How long does it take to get my forms?

Forms are available immediately after submitting payment.

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.

How do I get my forms, are they emailed?

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

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.

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.

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.

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.

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.

Are there any recurring fees involved?

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

Areas Covered by These Gift Deed Forms:

  • Berkshire County

Including:

  • 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

What is the Massachusetts Gift Deed

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.

Reviews

4.8 out of 5 (4316 Reviews)

Gina G.

April 17th, 2024

This service is fantastic! Took a few tries to scan the document correctly, but their patience and quick turn around made this a far better experience than going to the County myself.

Reply from Staff

We are delighted to have been of service. Thank you for the positive review!

Michael M.

April 17th, 2024

Great service that satisfied all my needs. Great prices too.

Reply from Staff

We appreciate your business and value your feedback. Thank you. Have a wonderful day!

Crystal P.

April 16th, 2024

This service is amazing! We have tried several other online recording services which all disappointed. Deeds.com got all three of our documents recorded same day as invoice payment. Thank you for the quick turn around! We will be using this service often.

Reply from Staff

We are sincerely grateful for your feedback and are committed to providing the highest quality service. Thank you for your trust in us.

Edward S.

July 1st, 2019

Great Form and Easy to Use Guides and Samples

Reply from Staff

We appreciate your business and value your feedback. Thank you. Have a wonderful day!

ROBERT H.

January 11th, 2019

No review provided.

Reply from Staff

Thank you!

Michael C.

January 16th, 2019

I would appreciate being able to increase the size of the blocks such as the Grantor block and the legal description block where information is enter on the form and to adjust the font. Otherwise great product,

Reply from Staff

Thank you for your feedback Michael. We do wish we could make that an option. Unfortunately, adhering to formatting requirements (specifically margin requirements) leaves a finite amount of space available on the page.

Daniel A.

April 25th, 2022

First time using Deeds.com. Downloaded the PDF forms for creating an Illinois Mortgage and Promissory Note. Filled them out, saved them, and printed them out. Going to send them to my Title Company for closing on a property. Save a bunch of money on not have to pay lawyer fees for creating the same legal documents that Deeds.com provided.

Reply from Staff

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Alberta P.

April 14th, 2019

form was east to use...instructions came in handy.

Reply from Staff

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randall a.

July 16th, 2019

As advertised. good value.

Reply from Staff

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david h.

April 24th, 2020

very convenient...

Reply from Staff

Thank you!

Jim H.

August 13th, 2020

Well written form, and the guidance document and example supplied were very helpful.

Reply from Staff

Thank you!

Michael S.

December 22nd, 2020

I was very impressed. I needed a Grant Deed that would comply with Calif. law. I haven't tried to record it yet, but I think it's spot-on. References to statutes very helpful. I'm a retired Idaho attorney, and my first attempt was politely rejected by the recorder. (documentary transfer fee exemption, etc.)

Reply from Staff

Thank you!

Beaugwynn Wigley S.

October 26th, 2021

Thanks so much for all your help! That was painless.

Reply from Staff

Thank you!

Mack H.

July 16th, 2020

I got what I was looking for! Turned out well and like I thought it would.

Reply from Staff

Thank you!

Dean L.

October 29th, 2019

The template isn't that easy to work with, with you have to type out large amounts of text. Also copy and paste doesn't seem to work. Furthermore, the code listed on the guide is out of date. However, the DQC is decent in that it has all the required fields you need.

Reply from Staff

Thank you for your feedback. We really appreciate it. Have a great day!