Sherburne County Gift Deed Form (Minnesota)
All Sherburne 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 Sherburne County compliant document last validated/updated 9/12/2024
Gift Deed Guide
Line by line guide explaining every blank on the form.
Included Sherburne County compliant document last validated/updated 11/18/2024
Completed Example of the Gift Deed Document
Example of a properly completed form for reference.
Included Sherburne County compliant document last validated/updated 12/2/2024
The following Minnesota and Sherburne 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 Sherburne County. The executed documents should then be recorded in the following office:
Sherburne County Recorder
Govt. Center - 13880 Business Center Dr NW, Elk River, Minnesota 55330-1692
Hours: 8:00am to 4:30pm M-F
Phone: (763) 765-4420 / 800-719-2826
Local jurisdictions located in Sherburne County include:
- Becker
- Big Lake
- Clear Lake
- Elk River
- Santiago
- Zimmerman
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 Sherburne 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 Sherburne County using our eRecording service.
Are these forms guaranteed to be recordable in Sherburne County?
Yes. Our form blanks are guaranteed to meet or exceed all formatting requirements set forth by Sherburne 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 Sherburne County that you need to transfer you would only need to order our forms once for all of your properties in Sherburne County.
What are supplemental forms?
Often when a deed is recorded, additional documents are required by Minnesota or Sherburne 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 Sherburne 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.
Gifting Real Estate (Real Property) in Minnesota
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, telephone number and vesting. Vesting describes how the grantee holds title to the property. For Minnesota residential property, the primary methods for holding title are tenancy in common and joint tenancy. A conveyance to two or more persons is presumed to create a tenancy in common, unless a joint tenancy is specifically created (Minn. Stat. Ann. 500.19(2)).
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. When claiming a minimum deed tax or an exemption, include Deed Tax Form 1 (287.21). If there is a well on the property, include a Well Disclosure Certificate, or applicable e-certificate number (103I.235). An Affidavit Regarding Seller by Individual(s) and an Affidavit Regarding Purchaser by Individual(s) must also be signed and notarized. 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 Minnesota 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 Minnesota, 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
(Minnesota GD Package includes form, guidelines, and completed example)
Our Promise
The documents you receive here will meet, or exceed, the Sherburne 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 Sherburne 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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December 12th, 2024
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December 9th, 2024
Got it next business day in the morning. Saved me phone call and perhaps a trip to courthouse. Very pleased.
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December 8th, 2024
Easy and Quick,Thanks
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Phillip S.
February 14th, 2024
I used the Oklahoma Gift Deed transferring property intra-family, and found it easy to complete. I could not find an Oklahoma Affidavit for the new law re citizenship verification, 60 O.S. Sec 121 and found it at another site that was not a fill in online. Oh well. Site was easy to navigate.
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October 20th, 2021
Thanks. So easy to navigate. Also very useful. I recommend.
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April 13th, 2019
Real value. Excellent forms, guidance & samples. Included Homestead Exemption form & info are also valuable & greatly appreciated.
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Ronald P.
August 18th, 2020
Very easy to use... awaiting info
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Thomas R.
June 21st, 2024
First time user. Was pleased with the easy of use and the step-by-step directions provided by the website.
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Gertrude M.
January 31st, 2023
Rating 5 stars
Thank you!
elizabeth m.
April 22nd, 2020
Wonderful service, forms were great. Completed and ready for recording. Will check back in after recorded.
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Maria B.
November 27th, 2023
Deeds.com has excellent customer service and great processing times! I highly recommend their services.
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Susan P.
May 25th, 2021
Very easy to use, responsive help when the document was initially rejected and very fast service (recorded the deed within 24 hours).
Thank you for your feedback. We really appreciate it. Have a great day!
Jackson J.
June 4th, 2019
Thank you for your help the website is simple and easy to use and dealing with this county for the 1st time there were a few things i was not too sure about but your staff was prompt and responsive and anytime there was a glitch we were promptly able to resolve the issue until the deed was accepted and recorded by the county great service thanks again.
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WJ H.
December 6th, 2021
The Quit Claim Deed for the state of Ohio worked for me, saving me the cost of an attorney doing it. O.K., maybe that wouldn't have amounted to more than a few hundred dollars, but anywhere I thought I could save money (and learn something new on top of it) is something I want to do.
That said, be forwarned. While I'm not an attorney I'm not averse to spending many hours researching the lingo found in this kind of form and thoroughly understanding exactly how everything has to be filled in.
I should add that my ex-wife and I remain friends and she was the one giving me the property/house (thus, technically I filled out the forms on her behalf). Because there was no personal conflict, it made it easier to undertake.
Lastly, what others have said about the county office where you must file a Quit Claim Deed not being helpful, that's true in the sense that they do not want to be instructing non-attorneys on filling out the necessary forms. I did take a preliminary draft set of the forms to the county office but was VERY CAREFUL about explaining that I only needed a couple of questions answered about procedure for submitting the final documents. They were helpful once I made it clear I wasn't asking them for "legal advice". And their help was critical as the final submittals requires stopping at three different offices (MapDocuments, Auditor and finally the Recorder's office).
So I say thank you to Deeds.com. Their service for the Quit Claim Deed was invaluable.
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Sammy K.
March 31st, 2021
A very streamlined, easy-yo-follow process of recording documents during the COVID-19 era. There was no delay in reviewing and submitting the uploaded documents to the deed office in the jurisdiction. Thanks!
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