Phelps County Gift Deed Form

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

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

Phelps 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
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Additional Nebraska and Phelps County documents included at no extra charge:
Where to Record Your Documents
Phelps County Register of Deeds
Holdrege, Nebraska 68949
Hours: 9:00am to 5:00pm M-F
Phone: (308) 995-4469
Recording Tips for Phelps County:
- Ensure all signatures are in blue or black ink
- Documents must be on 8.5 x 11 inch white paper
- Make copies of your documents before recording - keep originals safe
- Consider using eRecording to avoid trips to the office
Cities and Jurisdictions in Phelps County
Properties in any of these areas use Phelps County forms:
- Atlanta
- Bertrand
- Funk
- Holdrege
- Loomis
Hours, fees, requirements, and more for Phelps County
How do I get my forms?
Forms are available for immediate download after payment. The Phelps 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 Phelps County?
Yes. Our form blanks are guaranteed to meet or exceed all formatting requirements set forth by Phelps 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 Phelps 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 Phelps County?
Recording fees in Phelps County vary. Contact the recorder's office at (308) 995-4469 for current fees.
Questions answered? Let's get started!
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 Phelps County to use these forms. Documents should be recorded at the office below.
This Gift Deed meets all recording requirements specific to Phelps County.
Our Promise
The documents you receive here will meet, or exceed, the Phelps 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 Phelps 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.
4.8 out of 5 - ( 4578 Reviews )
Doris S.
September 12th, 2021
Pleased with efficiency and expediency of website. Added value is the respective county requirements for Florida. I needed a quitclaim deed between family members. Highly recommended. We hope to record signed and executed document next week in Florida. Thank you.
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VICKI R.
July 15th, 2020
Thank you for your helpful information.
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Lila L.
December 30th, 2020
Everyone was very responsive and helpful. Thank you. I give you a 5!!
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Robert L.
September 28th, 2020
It was easy for me to open an account and upload a document for recording.
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Carmen C.
August 23rd, 2021
Hassle free, easy access to form and instructions include on how to complete.
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Hinz H.
May 28th, 2020
Prompt accurate service
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Keith L.
March 15th, 2019
Great to have a downloadable form, rather than a cloud solution that gives no guarantee of privacy. Appreciated the sample.......but all of that still left me with open issues about how to tweak the form to serve my particular needs......for example: how to ensure that survivor rights were properly characterized; how far back I should go with the "Source" section + how I should layer my own additions to the chain of ownership, etc. Nonetheless, an overall happy experience. Thank you for your help
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Scott A.
August 3rd, 2019
The information and instructions provided is thorough and great. But, the fill-in-the-blanks form does not work well and is very frustrating. The font size of the information I was adding on each individual line varies and is determined by the number of characters entered on that individual line. So the font size is different on each line. And the number of lines is fixed making it impossible to fill in the full legal name of the trust I needed to fill out the form for. My needs are somewhat unusual, but the form should have been designed to be flexible enough to handle it. A blank paper form would have been more useful.
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Robert F.
January 19th, 2019
Came with all the paperwork that I needed plus a lot more paperwork than what I needed. Covered all the bases! The instructions were a big help. Easy fill in the blanks. Had no problem filing the paperwork afterword at the County Clerks office. Definitely worth the $20.
Thanks Robert. We appreciate you taking the time to give us your feedback. Have a fantastic day!
Jo G.
November 8th, 2021
The form was easy enough to purchase but I ended up not needing it. No fault of Deeds.com, but it was of no value to me.
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Kimberly L.
June 27th, 2020
Great to have online resources! I will most definitely refer others! Best regards,
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Michael A.
July 5th, 2021
Pleasant experiences. Look forward to future contacts
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harry S.
March 3rd, 2022
Just created account. Very easily done. have not recorded anything yet. Hope to do so soon.
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Jenifer L.
January 2nd, 2019
I'm an attorney. I see youve mixed up the terms "grantor" and "grantee" and their respective rights in this version. Anyone using it like this might have title troubles down the line.
Thank you for your feedback Jenifer, we have flagged the document for review.
Will C.
April 8th, 2019
I was very happy with my interaction. The county didn't supply the book and page which was what I needed. The tech refunded my money since I didn't get the info I needed. I will use Deeds.com again.
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