Berrien County Gift Deed Form (Michigan)

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

Gift Deed Form

Berrien County Gift Deed Form

Fill in the blank form formatted to comply with all recording and content requirements.
Included Berrien County compliant document last validated/updated 5/20/2024

Gift Deed Guide

Berrien County Gift Deed Guide

Line by line guide explaining every blank on the form.
Included Berrien County compliant document last validated/updated 6/6/2024

Completed Example of the Gift Deed Document

Berrien County Completed Example of the Gift Deed Document

Line by line guide explaining every blank on the form.
Included Berrien County compliant document last validated/updated 5/30/2024

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

Berrien County Register of Deeds

701 Main St, St. Joseph, Michigan 49085

Hours: 8:30 to 5:00 M-F

Phone: (269) 983-7111 Ext. 8562

Local jurisdictions located in Berrien County include:

  • Baroda
  • Benton Harbor
  • Berrien Center
  • Berrien Springs
  • Bridgman
  • Buchanan
  • Coloma
  • Eau Claire
  • Galien
  • Hagar Shores
  • Harbert
  • Lakeside
  • New Buffalo
  • New Troy
  • Niles
  • Riverside
  • Saint Joseph
  • Sawyer
  • Sodus
  • Stevensville
  • Three Oaks
  • Union Pier
  • Watervliet

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

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

What are supplemental forms?

Often when a deed is recorded, additional documents are required by Michigan or Berrien 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 Berrien 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 (Real Estate) in Michigan

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 Michigan 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 unmarried persons is presumed to create a tenancy in common, unless otherwise stated in the conveyance. Transfers to a married couple create a tenancy by entirety. (MCL 554.43--45). Gift property acquired by one spouse vests as sole ownership (MCL 557.21).

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. File a Property Transfer Affidavit whenever real estate is transferred to ensure correct assessment for tax purposes. The new owner must file in the city or township where the property is located within 45 days of transfer (MCL 207.504, 207.525). Record the completed deed at the local County Recorder's office.

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 Michigan 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 Michigan, there is no state gift tax. For questions regarding tax laws, 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

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

Our Promise

The documents you receive here will meet, or exceed, the Berrien 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 Berrien 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.

4.8 out of 5 - ( 4347 Reviews )

Michael D.

June 14th, 2024

Quick and easy!

Reply from Staff

Thank you!

Charlotte V.

June 13th, 2024

t was a bit confusing at first. I am really old though. It was fairly easy to use. I will continue to use Deeds. com for all my future needs.rnThank you Deeds.com for making life so much easier.

Reply from Staff

We are grateful for your feedback and looking forward to serving you again. Thank you!

Catherine B.

June 12th, 2024

Wow absolutely amazing service. So quick and easy and makes what would be such a hassel a piece of cake. Outstanding value for money way cheaper than I expected. Will use again and highly recommend.

Reply from Staff

Your appreciative words mean the world to us. Thank you.

Joel N.

September 7th, 2019

Was helpful

Reply from Staff

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

Bonnie M.

May 26th, 2022

I received what I requested. Then I didn't need it after all.

Reply from Staff

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

Marcia H.

April 18th, 2021

This was so easy and fast! Plus it had all the information I needed in one place. The example was right on point too!

Reply from Staff

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

Jeffrey S.

February 1st, 2024

Web site was clear to understand and easy to use. Found what I needed quickly and crossed it off my to do list. Thanks, JS

Reply from Staff

We are grateful for your feedback and looking forward to serving you again. Thank you!

Becky O.

February 11th, 2022

Super easy and quick. Love the service-

Reply from Staff

Thank you!

Jenny E.

March 21st, 2021

I thought the website was good. But once I paid the money and downloaded the papers I needed for Grays Harbor. I had to end up calling a escrow company that we had worked with only to find out that they work with a slightly different version. The escrow company was kind enough to email me the version Grays Harbor recommends and uses. There is a chance I could use theses in the future.

Reply from Staff

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

Jim L.

December 15th, 2021

Very easy to use - the completed sample was super useful

Reply from Staff

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

Jacquelyn W.

February 4th, 2022

Great site with great info. Almost made the job seamless but form would not adjust to my longer than usual legal description -- I ended up having to recreate the form in word processing software (Libre). But could not have done it without the guidelines.

Reply from Staff

Thank you!

Roy S.

January 5th, 2022

The website is easy to maneuver and information needed was readily available. Thanks so much!

Reply from Staff

Thank you!

Helen L.

February 1st, 2023

The website was easy to navigate but only needed one form. The guide was helpful also. Cost want high but contains many documents that I didn't need but may someday. Could not save form after completed but printed copies that needed to be court filed.

Reply from Staff

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

Alan S.

September 19th, 2019

Very easy. Worked well. Will be glad to use the service again.

Reply from Staff

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

Judy C.

February 13th, 2019

Both sets of deeds were complete and easy to understand. Both states accepted the forms to transfer property.

Reply from Staff

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