Herkimer County Gift Deed Form

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

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

Herkimer 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 New York and Herkimer County documents included at no extra charge:
Where to Record Your Documents
Herkimer County Clerk
Herkimer, New York 13350
Hours: Monday - Friday 9am to 4:45pm / Summer: 8:30am to 3:45pm
Phone: (315) 867-1133 (Recording) & 867-1338 (Record Room)
Recording Tips for Herkimer County:
- Check that your notary's commission hasn't expired
- Ask if they accept credit cards - many offices are cash/check only
- Ask about their eRecording option for future transactions
- Request a receipt showing your recording numbers
- Multi-page documents may require additional fees per page
Cities and Jurisdictions in Herkimer County
Properties in any of these areas use Herkimer County forms:
- Cold Brook
- Dolgeville
- Eagle Bay
- Frankfort
- Herkimer
- Ilion
- Jordanville
- Little Falls
- Middleville
- Mohawk
- Newport
- Old Forge
- Poland
- Salisbury Center
- Thendara
- Van Hornesville
- West Winfield
Hours, fees, requirements, and more for Herkimer County
How do I get my forms?
Forms are available for immediate download after payment. The Herkimer 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 Herkimer County?
Yes. Our form blanks are guaranteed to meet or exceed all formatting requirements set forth by Herkimer 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 Herkimer 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 Herkimer County?
Recording fees in Herkimer County vary. Contact the recorder's office at (315) 867-1133 (Recording) & 867-1338 (Record Room) for current fees.
Questions answered? Let's get started!
Gifting Real Estate in New York
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 includes the grantor's full name and marital status, as well as the grantee's full name, marital status, mailing address (not a post office box), and vesting. Vesting describes how the grantee holds title to the property. For New York 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 unmarried persons is presumed to create a tenancy in common, unless expressly stated otherwise in the conveyance. In the case of married persons, a tenancy by entirety is presumed (E.P.T. Law 6-2.1, 6-2.2).
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. File the completed deed in the land records at the local recording office. Most counties require a recording cover page to accompany all documents submitted for recording, available on the local county clerk's website.
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 New York 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 New York, 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
(New York Gift Deed Package includes form, guidelines, and completed example)
Important: Your property must be located in Herkimer County to use these forms. Documents should be recorded at the office below.
This Gift Deed meets all recording requirements specific to Herkimer County.
Our Promise
The documents you receive here will meet, or exceed, the Herkimer 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 Herkimer 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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October 20th, 2022
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April 14th, 2020
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January 30th, 2023
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December 16th, 2020
Just as promised My quitclaim deed went through the county recorders office with no problem.
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August 7th, 2019
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September 8th, 2021
Forms were top notch, easy to complete, printed beautifully, recorded with no revisions. Highly recommend for anyone preparing their own deeds.
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David C.
December 14th, 2018
I needed to file an affidavit of succession. I downloaded the forms and filled in the blanks. The instructions and example sheet were very helpful. I got the paper recorded with the county today and all went smoothly. Good product.
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Tom D.
May 4th, 2019
I have one suggestion and couple of question I would think that most TOD's would be from married couples. It would be real helpful to have a example of the I(we) block for married couples. Why would I check or not check the "property is registered (torrents)" Do I need a notarized signature of the Grantee
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June 18th, 2021
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