Marshall County Gift Deed Form

Marshall County Gift Deed Form
Fill in the blank form formatted to comply with all recording and content requirements.

Marshall County Gift Deed Guide
Line by line guide explaining every blank on the form.

Marshall County Completed Example of the Gift Deed Document
Example of a properly completed form for reference.
All 3 documents above included • One-time purchase • No recurring fees
Immediate Download • Secure Checkout
Additional Mississippi and Marshall County documents included at no extra charge:
Where to Record Your Documents
Marshall County Chancery Clerk
Holly Springs, Mississippi 38635
Hours: 8:00 to 5:00 Monday thru Friday
Phone: (662) 252-4431
Recording Tips for Marshall County:
- Avoid the last business day of the month when possible
- Recording fees may differ from what's posted online - verify current rates
- Check margin requirements - usually 1-2 inches at top
- Leave recording info boxes blank - the office fills these
Cities and Jurisdictions in Marshall County
Properties in any of these areas use Marshall County forms:
- Byhalia
- Holly Springs
- Lamar
- Mount Pleasant
- Potts Camp
- Red Banks
- Victoria
- Waterford
Hours, fees, requirements, and more for Marshall County
How do I get my forms?
Forms are available for immediate download after payment. The Marshall County forms will be in your account ready to download to your computer. An account is created for you during checkout if you don't have one. Forms are NOT emailed.
Are these forms guaranteed to be recordable in Marshall County?
Yes. Our form blanks are guaranteed to meet or exceed all formatting requirements set forth by Marshall County including margin requirements, content requirements, font and font size requirements.
Can I reuse these forms?
Yes. You can reuse the forms for your personal use. For example, if you have multiple properties in Marshall County you only need to order once.
What do I need to use these forms?
The forms are PDFs that you fill out on your computer. You'll need Adobe Reader (free software that most computers already have). You do NOT enter your property information online - you download the blank forms and complete them privately on your own computer.
Are there any recurring fees?
No. This is a one-time purchase. Nothing to cancel, no memberships, no recurring fees.
How much does it cost to record in Marshall County?
Recording fees in Marshall County vary. Contact the recorder's office at (662) 252-4431 for current fees.
Questions answered? Let's get started!
Gifts of Real Property in Mississippi
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 Mississippi 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 is presumed to create a tenancy in common, unless otherwise stated in the conveyance (Miss. Code Ann 89-1-7).
As with any conveyance of real estate, a gift deed requires a complete legal description of the parcel. Recite the source of title to establish a clear chain of title, and detail any restrictions associated with the property. All deeds in the State of Mississippi also require the preparer to include indexing instructions. The indexing instruction is comprised of the section, township, and range, and one or more quarter sections or governmental lots or other applicable subdivisions of each section in which the land subject to the conveyance is located (Miss. Code Ann. 89-5-33(3)). Include all relevant documents, affidavits, forms, and fees with the along with the deed for recording. 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 Mississippi 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 Mississippi, there is no state gift tax. For questions regarding state taxation 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
(Mississippi GD Package includes form, guidelines, and completed example)
Important: Your property must be located in Marshall County to use these forms. Documents should be recorded at the office below.
This Gift Deed meets all recording requirements specific to Marshall County.
Our Promise
The documents you receive here will meet, or exceed, the Marshall 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 Marshall 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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March 25th, 2020
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October 23rd, 2021
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May 15th, 2020
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June 18th, 2019
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June 7th, 2019
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May 24th, 2020
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April 22nd, 2023
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February 13th, 2024
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February 14th, 2019
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February 19th, 2019
The process was easy and reasonable. My only problem was that, when I filled out my form on the computer, the writing I did overlapped with the pre-written words on the form, so that I had to end up doing it by hand. I've used DEEDS before and have not had that problem.
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December 28th, 2020
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MARK K.
June 18th, 2020
This is a great service. I submitted the information and the next day my deed had been recorded. Online recording during these times is the most sensible way to record deeds.
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June 15th, 2021
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April 13th, 2019
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January 5th, 2019
I looked around for forms and came to this site. I had to do 15 deeds and this form was very useful to completing that. Very impressed. Thanks
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