My Account Deeds.com Real Estate Deeds

Montana - Daniels County Gift Deed Form

All Daniels County specific forms listed below are included in your immediate download:


Daniels County Gift Deed Form Page 1

Gift Deed Form - Daniels County

Fill in the blank form formatted to comply with all recording and content requirements.
Included document last updated 7/15/2019


Daniels County Gift Deed Guide Page 1

Gift Deed Guide - Daniels County

Line by line guide explaining every blank on the form.
Included document last updated 6/13/2019


Daniels County Completed Example of the Gift Deed Document Page 1

Completed Example of the Gift Deed Document - Daniels County

Example of a properly completed form for reference.
Included document last updated 7/12/2019


*The Following Montana and Daniels County supplemental forms are included as a courtesy with your order.


Realty Transfer Certificate and Water Rights Disclosure

Realty Transfer Certificate and Water Rights Disclosure

This form must be filed with the county clerk and recorder at the time of recording a deed. It comes with instructions and contact information.


Notary Certificates

Notary Certificates

The supplemental forms in this section can be used as loose certificates by notaries in the state.


Checkout and Download Forms

Frequently Asked Questions:

  • How long does it take to get my forms?
    • Forms are available immediately after submitting payment.
  • What are supplemental forms?
    • Often when a deed is recorded additional documents are required by the state or local jurisdiction. These could be tax related, informational, or even as simple as a coversheet. Supplemental forms are provided for free with your order where available.
  • How do I get my forms, are they emailed?
    • After you submit payment you will see a page listing the forms you ordered with a download link to the pdf form file. You download the forms to your computer. You will also receive an email with a link to your download page in case you need it later.
  • What type of files are the forms?
    • All of our 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.
  • Can the 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 a given county that you need to transfer you would only need to order our forms once for all of your properties in that county.
  • Are these forms guaranteed to be recordable in Daniels County ?
    • Yes. Our form blanks are guaranteed to meet or exceed all formatting requirements set forth by Daniels County including margin requirements, content requirements, font and font size requirements.
  • 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.
  • 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.
  • Are there any recurring fees involved?
    • No. Nothing to cancel, no memberships, no recurring fees.

Areas covered by these Gift Deed Forms:

  • Daniels County

Including:

  • Flaxville
  • Peerless
  • Scobey
  • Whitetail

Checkout and Download Forms

What is the Montana Gift Deed?

Gifts of Real Property in Montana

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 Montana residential property, the primary methods for holding title are tenancy in common and joint tenancy. 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 (Mont. Code Ann. 70-1-307, 70-1-314).

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. Any party transferring real property is required to file a Realty Transfer Certificate. File the form with the County Clerk and Recorder. Montana law requires this form be completed and may impose up to a $500 penalty for failure to file (Mont. Code Ann. 15-7-305). The Realty Transfer Certificate includes a Water Rights Disclosure. Contact the Montana Department of Revenue with questions regarding the transfer, division, or exemption of water rights. Record the completed deed at the local County Clerk and Recorder of Deed's office.

The IRS implements 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 Montana 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 Montana, 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

Checkout and Download Forms

Save Time and Money

Get your Daniels 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.

Guaranteed

We guarantee that you will receive access to the forms that you order and that those forms will be compliant with the recording requirements for the jurisdiction the forms were purchased for and the statutory requirements for content of the document.

Customer Reviews:

4.7 out of 5 (704 Reviews)


July 17th, 2019

Name: michael o.

Review: After trying to get help locally I found your website. Very easy

Reply from Staff on July 17th, 2019

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


July 17th, 2019

Name: Charlotte F.

Review: Found the form I needed easily and will continue to use the site.

Reply from Staff on July 17th, 2019

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


July 17th, 2019

Name: Linda D.

Review: It was easy to download the form I wanted BUT there were 2 other options listed for "open/download." I didn't want to risk more charges for something I couldn't determine I needed so I passed them up. There were a few others listed with the option to "view" so I did that, without down-loading, and there were no additional charges. I would've liked that opportunity for 2 others that didn't offer "view" so maybe deeds.com missed a sale?

Reply from Staff on July 17th, 2019

Thank you for your feedback Linda. All the documents available for download in your account are included with your payment, no additional charges.


July 16th, 2019

Name: William N.

Review: Every thing worked perfectly.

Reply from Staff on July 16th, 2019

Thank you!


July 16th, 2019

Name: James S.

Review: The forms download was quick and easy. The example deed was excellent. However, the payment method should include PayPal, not just credit cards.

Reply from Staff on July 16th, 2019

Thank you for your feedback James, we appreciate it.


July 16th, 2019

Name: randall a.

Review: As advertised. good value.

Reply from Staff on July 16th, 2019

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


July 16th, 2019

Name: Bonnie C.

Review: User friendly an FAST to access and use! Highly recommended.

Reply from Staff on July 16th, 2019

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


July 16th, 2019

Name: BARBARA T.

Review: Love this site! So easy to use and very economical

Reply from Staff on July 16th, 2019

Thank you!


July 14th, 2019

Name: Nancy C.

Review: Amazing every that you need right at your fingertips. Extremely easy to navigate and very informative. I would highly recommend this site!!!

Reply from Staff on July 14th, 2019

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


July 14th, 2019

Name: Linda L.

Review: Excellent service. Very quick response.

Reply from Staff on July 14th, 2019

Thank you Linda, we appreciate your feedback.


Checkout and Download Forms

Express Checkout (Download)

Price: $19.97

Notice: You are ordering blank forms, NOT a copy of your existing deed.