Herkimer County Gift Deed Forms (New York)
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Form Package
Gift Deed
State
New York
Area
Herkimer County
Price
$27.97
Delivery
Immediate Download
Payment Information
Included Forms
All Herkimer County specific forms and documents listed below are included in your immediate download package:
Gift Deed Form
Fill in the blank form formatted to comply with all recording and content requirements.
Included document last reviewed/updated 3/1/2024
Gift Deed Guide
Line by line guide explaining every blank on the form.
Included document last reviewed/updated 2/26/2024
Completed Example of the Gift Deed Document
Example of a properly completed form for reference.
Included document last reviewed/updated 1/1/2024
Included Supplemental Documents
The following New York and Herkimer County supplemental forms are included as a courtesy with your order.
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 New York or Herkimer County. 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?
Forms are NOT emailed to you. Immediately after you submit payment, the Herkimer County forms you order will be available for download directly from your account. You can then download the forms to your computer. If you do not already have an account, one will be created for you as part of the order process, and your login details will be sent to you. If you encounter any issues accessing your forms, please reach out to our support team for assistance.
What type of files are the forms?
All of our Herkimer County Gift Deed 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 Gift Deed 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 Herkimer County that you need to transfer you would only need to order our forms once for all of your properties in Herkimer County.
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.
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:
- Herkimer County
Including:
- Cold Brook
- Dolgeville
- Eagle Bay
- Frankfort
- Herkimer
- Ilion
- Jordanville
- Little Falls
- Middleville
- Mohawk
- Newport
- Old Forge
- Poland
- Salisbury Center
- Thendara
- Van Hornesville
- West Winfield
What is the New York Gift Deed
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)
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.
Reviews
4.8 out of 5 (4324 Reviews)
Michael L.
April 25th, 2024
Professional, simple. Very good.
We appreciate your business and value your feedback. Thank you. Have a wonderful day!
Barbara A.
April 25th, 2024
Always helpful!\r\n
We are thankful for your continued support and feedback, which inspire us to continuously improve. Thank you..
Mark E.
April 25th, 2024
This was easy to use and only contained one glaring error-where to send the completed form to finish the process. I’ve completed the form, does this mean I get the amended deed sent to me? I think not.
Your insights are invaluable to us and help us strive for better service. Thank you for taking the time to share your thoughts.
Ginger O.
March 27th, 2019
Thank you for making this so easy to use. I had looked all over the internet and yours was the most user friendly and for a reasonable price.
We appreciate your business and value your feedback. Thank you. Have a wonderful day!
Emmy M.
August 20th, 2020
I loved using this process to record my deeds. it was fast and everytime I sent a message I received a response very quickly. I am so glad they have this option. for the extra $15 to have the convenience to do it from home and not worry about finding parking, etc. so well worth it!
We appreciate your business and value your feedback. Thank you. Have a wonderful day!
Alan S.
September 19th, 2019
Very easy. Worked well. Will be glad to use the service again.
We appreciate your business and value your feedback. Thank you. Have a wonderful day!
Alan S.
April 28th, 2020
Great job! Fast and easy. Terrific communications.
Thank you!
Michael W.
July 27th, 2021
Appreciate the help with DC's non-intuitive forms. Superb service.
Thank you!
Alan C.
January 20th, 2024
The Transfer on Death Deed paperwork was easy to complete, as it included a detailed guide and a completed example. We encountered no issues recording the document with our County. Thanks to Deeds.com, we were also able to save time and money by utilizing a DIY approach for our situation.
We are delighted to have been of service. Thank you for the positive review!
Gordon W.
April 7th, 2022
Nice forms but it sure would have been nice to be able to at least print the guide and the example so that I don't spend all of my time bouncing back and forth between windows on a laptop.
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Richard C.
January 2nd, 2020
There was not much info available but what you produced confirmed what I needed to know.
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Alma S.
May 6th, 2020
I like the service very much, it's easy and fast, I'm really happy with the service.
Thank you!
Janet R.
January 7th, 2019
Disappointed. Description of Lien discharge form does not indicate it is specific to Mechanic liens. I'm inexperienced with liens & should have contacted someone before I ordered.
Sorry to hear that, it does look like our product description was lacking clarity. We have updated the description to better reflect the documents. We have also canceled your order and refunded the payment. Hope you have a great day.
Arletta B.
September 16th, 2021
Fantastic service, saved me a ton of time and running around. Thanks!
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Deana A.
April 30th, 2020
Great forms and info, easy step-by-step guidance.
Thank you!
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