Johnson County Gift Deed Form

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

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

Johnson 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
Additional Nebraska and Johnson County documents included at no extra charge:
Where to Record Your Documents
Johnson County Register of Deeds
Address:
Courthouse - 351 Broadway / PO Box 416
Tecumseh, Nebraska 68450
Hours: 8:00am to 4:30pm M-F
Phone: (402) 335-6300
Recording Tips for Johnson County:
- Recorded documents become public record - avoid including SSNs
- Bring extra funds - fees can vary by document type and page count
- Make copies of your documents before recording - keep originals safe
Cities and Jurisdictions in Johnson County
Properties in any of these areas use Johnson County forms:
- Cook
- Crab Orchard
- Elk Creek
- Sterling
- Tecumseh
How do I get my forms?
Forms are available for immediate download after payment. The Johnson 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 Johnson County?
Yes. Our form blanks are guaranteed to meet or exceed all formatting requirements set forth by Johnson 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 Johnson 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 Johnson County?
Recording fees in Johnson County vary. Contact the recorder's office at (402) 335-6300 for current fees.
Have other questions? Contact our support team
Gifts of Real Property in Nebraska
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 Nebraska 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 a joint tenancy is expressly stated (Neb. Rev. Stat. 76-118).
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. A Real Estate Transfer Statement Form 521 must accompany documents to be recorded (Neb. Rev. Stat. 76-214). Record the completed deed at the local Register of Deeds office.
All transfers of real property are subject to a documentary stamp tax. The tax is due at the time of recording. If the transfer is exempt under Neb. Rev. Stat. 76-902, note the reason on the face of the deed and fill out a certificate of exemption.
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 Nebraska are subject to this federal gift tax, but there is no associated tax for the state. 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]. 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
(Nebraska GD Package includes form, guidelines, and completed example)
Important: Your property must be located in Johnson County to use these forms. Documents should be recorded at the office below.
This Gift Deed meets all recording requirements specific to Johnson County.
Our Promise
The documents you receive here will meet, or exceed, the Johnson 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 Johnson 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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