Smith County Gift Deed Form

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

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

Smith 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 Smith County documents included at no extra charge:
Where to Record Your Documents
Smith County Chancery Clerk
Raleigh, Mississippi 39153
Hours: 8:00 to 5:00 M-F
Phone: (601) 782-9811
Recording Tips for Smith County:
- Bring your driver's license or state-issued photo ID
- Recorded documents become public record - avoid including SSNs
- Ask for certified copies if you need them for other transactions
Cities and Jurisdictions in Smith County
Properties in any of these areas use Smith County forms:
- Mize
- Raleigh
- Taylorsville
Hours, fees, requirements, and more for Smith County
How do I get my forms?
Forms are available for immediate download after payment. The Smith 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 Smith County?
Yes. Our form blanks are guaranteed to meet or exceed all formatting requirements set forth by Smith 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 Smith 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 Smith County?
Recording fees in Smith County vary. Contact the recorder's office at (601) 782-9811 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 Smith County to use these forms. Documents should be recorded at the office below.
This Gift Deed meets all recording requirements specific to Smith County.
Our Promise
The documents you receive here will meet, or exceed, the Smith 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 Smith 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 26th, 2025
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June 22nd, 2023
Great service and instructions are excellent.
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Kenneth-Wayne L.
August 20th, 2020
1) I was very pleased when the staff mentioned your service since the three referenced on the Recorder's website all wanted HUGE Account set-up and maintenance fees AND BIG fees per recording, and yours has no set-up fee AND nominal per-recording fee; 2) My (few) recordings will be NON-LAND Related, summary or entire record(s) of Administrative (Procedures Act) records, Other than the Border width and Cover Sheet, do you anticipate any other special requirements for such recording(s)? NOTE: I just sent one by Snail Mail, and they just informed me that due to the GERMIPHOBIA 'Pandemic' the ONLY open and record Snail Mail ONCE A MONTH On the first of each chmonth!
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August 22nd, 2019
Absolutely horrible service and experience. Would not recommend to anyone. If there was an option to select a zero star rating I would have. I am sure this review will not be posted.
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Robert K.
August 1st, 2020
I used your TOD document to deed my home to my daughter. Your sample document was very helpful. I had to do it a few times but finally got it right. I didn't check but It was surely cheaper than a lawyer fee.
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February 17th, 2021
Very convenient online document recording with great and quick service. Thank you!
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February 24th, 2021
So far so good!
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Caville B.
February 10th, 2019
Received the documents, but the explanation and process is not as straightforward as I would have liked. The Instructions and Sample document were not always easy to follow. I may just have a real estate lawyer perform the task.
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June 10th, 2024
Generally I find the process works well, and the support personnel on the other end are usually fairly helpful.
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April 30th, 2023
Thank you very much. I received the exact information I was seeking.
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September 23rd, 2020
Fantastic efiling service! The transaction went very smoothly. Thanks!
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January 13th, 2021
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Jean W.
April 21st, 2021
helpful if there was a space so one could type in the exemption # on the blank form before printing
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June 22nd, 2023
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Tim K.
December 16th, 2021
Looks like it will be helpful in preparing deeds for distant counties
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