| My Account |  |
Gift Deed Form - Lenawee County
Fill in the blank form formatted to comply with all recording and content requirements.
Included document last updated 9/15/2020
Gift Deed Guide - Lenawee County
Line by line guide explaining every blank on the form.
Included document last updated 8/21/2020
Completed Example of the Gift Deed Document - Lenawee County
Line by line guide explaining every blank on the form.
Included document last updated 9/14/2020
*The Following Michigan and Lenawee County supplemental forms are included as a courtesy with your order.
Property Transfer Affidavit
This form must be filed whenever real estate or certain types of personal property are transferred (even if the deed is not recorded) in order to ensure correct assessment for tax purposes. The new owner must file within 45 days of transfer in the city or township where the property is located. If the form is not filed on time, a penalty of $5/day (maximum $200) applies.
Real Estate Transfer Tax
This form must be filed with the Register of Deeds when the amount paid for the property is not stated on the deed. The form is not required when the amount paid is entered on the deed. The form must be completed and signed by either the seller or his/her authorized agent and submitted in the county where the property is located.
Transfer Tax Exemptions
Certain conveyances are exempt from transfer tax. These pages list the county and state exemptions. If the document is transfer tax exempt, the exemption must be stated on the deed. Note that both lists are in content identical until subparagraph (j).
Transfer Tax
This file contains the tax rates as well as a table listing state and county tax by consideration amount.
Certificate of Trust Existence and Authority
A certificate of trust existence and authority contains specific information about an existing trust agreement. According to 565.435 of the Michigan Compiled Laws, a purchaser or other party relying upon the information contained in a recorded certificate of trust existence and authority shall be afforded the same protection as is provided to a subsequent purchaser in good faith. Note that under 565.433, only settlor or grantor; an attorney for the settlor, grantor, or trustee; or an officer of a banking institution or an attorney if then acting as a trustee may sign the form if it pertains to real property. Sign the completed form in the presence of a notary, then submit it to the county register of deeds office for recording.
Notary Certificates
The supplemental forms in this section can be used as loose certificates by notaries in the state.
Principal Residence Exemption
If the property is your principal residence you may qualify for a tax exemption. These forms will help you navigate and apply for a (PRE) exemption.
Including:
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
Get your Lenawee 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.
The documents you receive here will meet, or exceed, the Lenawee County recording requirements for formatting. If there's an issue caused by our formatting, we'll make it right and refund your payment.
4.8 out of 5 (1873 Reviews) September 21st, 2020
Name: Timothy N.
Review: Extremely easy and fast recording of real estate records. I was impressed that it was less than 6 hours from the time I uploaded the document to Deeds.com to receiving confirmation that it was recorded by the county clerk. I would highly recommend this service to save you time and quickly get documents recorded!
Reply from Staff on September 21st, 2020
Thank you for your feedback. We really appreciate it. Have a great day!
September 21st, 2020
Name: Thomas M.
Review: EXCELLENT resource for ALL state documents! The forms come with explanations and examples. A real Deal!!!
Reply from Staff on September 21st, 2020
Thank you!
September 20th, 2020
Name: Timothy L.
Review: It was very simple and easy to fill out the information need to do the warranty deed.
Reply from Staff on September 20th, 2020
Thank you for your feedback. We really appreciate it. Have a great day!
September 20th, 2020
Name: Colleen B.
Review: Looks good. We will see how it goes.
Reply from Staff on September 20th, 2020
Thank you!
September 20th, 2020
Name: Donna P.
Review: Your documents were very helpful. I went ahead and filled in all the info for the Release of Lien document. It was easy to do with your example. I had all the necessary info such as plot numbers, etc. for the property and everything fit nicely onto the document. It has been notorized and mailed. My grandparents' Victorian home has new owners who love it and has paid it off. Yeah!!!
Reply from Staff on September 20th, 2020
We appreciate your business and value your feedback. Thank you. Have a wonderful day!
September 19th, 2020
Name: Essence L.
Review: Ordered and filled out the quitclaim forms. Had no issues with preparing or recording, smooth process.
Reply from Staff on September 19th, 2020
Thank you!
September 19th, 2020
Name: Angela B.
Review: Great forms! Quick, easy, and to the point. The completed document, when printed out, looks really professional.
Reply from Staff on September 19th, 2020
We appreciate your business and value your feedback. Thank you. Have a wonderful day!
September 18th, 2020
Name: Donna r.
Review: Downloads were easy but I am pretty lost in filling out. Thought be more instructions
Reply from Staff on September 19th, 2020
Thank you for your feedback Donna. If you are not completely sure of what you are doing we highly recommend seeking the assistance of a legal professional familiar with your specific situation.
September 18th, 2020
Name: William B.
Review: Fastest online reply of nearly anything on the planet. Very impressed!!
Reply from Staff on September 18th, 2020
Thank you!
September 18th, 2020
Name: JJ G.
Review: Was very easy and helpful. No going down to the courthouse
Reply from Staff on September 18th, 2020
Thank you!