Cherokee County Gift Deed Form

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

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

Cherokee 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 North Carolina and Cherokee County documents included at no extra charge:
Where to Record Your Documents
Cherokee County Register of Deeds
Murphy, North Carolina 28906
Hours: 8:00 to 5:00 M-F
Phone: (828) 837-2613
Recording Tips for Cherokee County:
- Ensure all signatures are in blue or black ink
- Documents must be on 8.5 x 11 inch white paper
- Recorded documents become public record - avoid including SSNs
Cities and Jurisdictions in Cherokee County
Properties in any of these areas use Cherokee County forms:
- Andrews
- Culberson
- Marble
- Murphy
- Topton
Hours, fees, requirements, and more for Cherokee County
How do I get my forms?
Forms are available for immediate download after payment. The Cherokee 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 Cherokee County?
Yes. Our form blanks are guaranteed to meet or exceed all formatting requirements set forth by Cherokee 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 Cherokee 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 Cherokee County?
Recording fees in Cherokee County vary. Contact the recorder's office at (828) 837-2613 for current fees.
Questions answered? Let's get started!
Gifts of Real Property in North Carolina
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]. In North Carolina, a Gift Deed must be recorded to be considered valid. The deed must be proved in due form and registered within two years, otherwise it will be considered void (N.C.G.S. 47-26).
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, and vesting. Vesting describes how the grantee holds title to the property. For North Carolina 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 persons is presumed to create a tenancy in common, unless otherwise expressly stated in the conveyance (N.C.G.S. 41-2).
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. Record the completed deed at the local County Recorder's office.
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 North Carolina 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 North Carolina, there is no state gift tax. All gifts in North Carolina are exempt from the state excise tax as well, pursuant to N.C.G.S. 105-228.29(5). 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
(North Carolina Gift Deed Package includes form, guidelines, and completed example)
Important: Your property must be located in Cherokee County to use these forms. Documents should be recorded at the office below.
This Gift Deed meets all recording requirements specific to Cherokee County.
Our Promise
The documents you receive here will meet, or exceed, the Cherokee 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 Cherokee 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 - ( 4573 Reviews )
Haydee P.
November 15th, 2022
Thanks for advertising the forms and sharing to the public for easy access. I have been looking for a lawyer to process the papers but did not realize that I can do it myself until I googled the information. I found your website. Thanks again
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Pamela G.
November 18th, 2020
I have an apple phone. I could not fill in the form to pay because apple phones do not have a dash that can be used when the field requires a phone number with a dash. I had to borrow an android phone in which the telephone keypad had a dash that could be used. It was easy to pay using an android phone but impossible to pay using an apple phone. Remove the requirement for dashes to allow apple phones to use this service.
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Sharon B.
August 11th, 2022
My questions were answered promptly. I was not able to locate the deed I was searching for because my county has not uploaded the documents to be accessed through this system. I am sure I could have found what I was looking for had the information been available through the system. Thank you for your assistance.
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Tim G.
April 23rd, 2020
Pretty good all in all. I do wish I could download forms to a word doc instead of a .pdf. Word is more 'accessable'.
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Mary Ann G.
April 16th, 2019
Couldn't find the deed form that I needed. Needs to have a short summary to determine the correct form.
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Timothy C.
January 19th, 2022
Excellent service. Pay your fee, download the form and fill out according to specific instructions. Then, again according to instructions, take it to the county clerk's office and have it recorded. It could not be easier.
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DON O.
December 16th, 2020
needs to be more user friendly
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Patricia J.
January 10th, 2019
So simple. Thank you.
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Michelle H.
October 23rd, 2020
Deeds.com was easy to use, convenient and I will definitely be using your services in the future.
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August 7th, 2022
Very easy to use.
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Ben F.
April 14th, 2019
My initial review during download and before reading the guide and forms looks promising.
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March 10th, 2021
PROS: Quick communication. Completed the task expediently. CONS: Deciphering what was being referred to on the website when needing the proper classification wasn't clear. Had to delve through your unfamiliar territory. But managed. OVERALL: Got the job done swiftly and the end result was satisfactory. Will use again.
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April 28th, 2021
Needed a Limited Power of Attorney form for a real estate transaction in another state. Proper form came up immediately and was fairly easy to complete. I think the sample completed form should have been more completely explained in layman's language instead of legalese (such as person granting permission instead of grantor or something like your name and address and the person who will be signing on your behalf) but since the form was one price no matter how many ways it was printed out, it was fine. I just filled it out several ways and had it notarized and sent it to my sister. Whichever combination is appropriate she and the lawyer will have. I found the site easy to navigate
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February 13th, 2020
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January 21st, 2019
The Forms I received were perfect for me. I also double ordered one of the forms and you corrected it on the spot. Thanks. (I am a Real Estate Broker)
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