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
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:
- Double-check legal descriptions match your existing deed
- White-out or correction fluid may cause rejection
- Ask about their eRecording option for future transactions
- Avoid the last business day of the month when possible
- Ask for certified copies if you need them for other transactions
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.
Have other questions? Contact our support team
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.
4.8 out of 5 - ( 4572 Reviews )
Michael C.
January 16th, 2019
I would appreciate being able to increase the size of the blocks such as the Grantor block and the legal description block where information is enter on the form and to adjust the font. Otherwise great product,
Thank you for your feedback Michael. We do wish we could make that an option. Unfortunately, adhering to formatting requirements (specifically margin requirements) leaves a finite amount of space available on the page.
Lynn B.
June 15th, 2022
Their customer service is impressive to say the least. I sent them an email and I received a response that the issue had been resolved in under an hour. They even apologized for the inconvenience. I haven't used the forms I purchased yet but if they are anything like their Customer service, I know I will be extremely satisfied with my purchase. I will definitely return here for ALL my needs they can provide for in the future.
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Richard R.
April 16th, 2021
Deeds.com got the job done. My deed was successfully recorded.
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Jaime H.
October 20th, 2020
quick and easy
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Timothy G.
May 16th, 2023
Very happy with the cost and with the speed in which the deed was recorded.
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May 21st, 2023
I have looked and finally found a reliable source of updated legal documents that are current with local and state law that I can be readily downloaded for review, reference and use.
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August 20th, 2020
Excellent service! Easy to use, great communication, quick response time and very helpful with any questions I had. I would recommend to anyone seeking the services they provide.
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July 26th, 2023
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December 16th, 2021
Very intuitive to use and comprehensive enough for the most complex of cases.
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November 3rd, 2020
This is so much easier than going downtown to file paperwork! Thanks deeds.com!
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O. Peter P.
June 21st, 2019
I find your forms hard to use, inasmuch as the forms cannot be converted to a Word Document. Editing and deleting of extra lines is not possible, making for a deed with large blank spaces. Document that results is not usable for me.
Sorry to hear that we did not meet your expectations. We have canceled your order and payment. We do hope you find something more suitable to your needs elsewhere. Have a wonderful day.
Barbara G.
May 12th, 2021
High rating, great site and forms were exactly what I needed. Thanks for being there for me.
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Gretchen R.
November 13th, 2019
I can't think of any suggestions for improvement. The documents I needed were readily available. Thank you
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David D.
February 11th, 2019
Quick, easy, thorough, reasonable price. Much better than trying to contact a paralegal (who do not usually respond quickly, it seems)
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Gerald C.
May 25th, 2019
Pros, quick purchase and document availability including instructions and examples. Cons, For the cert. of trust, the form would not accept the length of our trust name with no way to get around. The pdf file printing did not meet the requirements for 2.5" top margin and .5" other margins as well as the 10pt font size as the form information was shrunk down even when normal printing.
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