Clay County Gift Deed Form

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

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

Clay 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 North Carolina and Clay County documents included at no extra charge:
Where to Record Your Documents
Clay County Register of Deeds
Hayesville, North Carolina 28904
Hours: 8:00 to 5:00 M-F
Phone: (828) 389-0087
Recording Tips for Clay County:
- Ensure all signatures are in blue or black ink
- Verify all names are spelled correctly before recording
- Documents must be on 8.5 x 11 inch white paper
- Ask about accepted payment methods when you call ahead
Cities and Jurisdictions in Clay County
Properties in any of these areas use Clay County forms:
- Brasstown
- Hayesville
- Warne
Hours, fees, requirements, and more for Clay County
How do I get my forms?
Forms are available for immediate download after payment. The Clay 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 Clay County?
Yes. Our form blanks are guaranteed to meet or exceed all formatting requirements set forth by Clay 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 Clay 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 Clay County?
Recording fees in Clay County vary. Contact the recorder's office at (828) 389-0087 for current fees.
Have other questions? Contact our support team
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 Clay County to use these forms. Documents should be recorded at the office below.
This Gift Deed meets all recording requirements specific to Clay County.
Our Promise
The documents you receive here will meet, or exceed, the Clay 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 Clay 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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April 21st, 2019
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June 24th, 2021
Thought it was great, no issues. Very convenient especially dealing with difficult municipalities and a post COVID world. Thanks
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Christine R.
February 8th, 2019
Ordering and directions were easy. The only thing missing in the instructions was how to record by mail. Thanks!
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October 30th, 2019
Thank you! Will use you again in the future.
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December 28th, 2021
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June 11th, 2021
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Lynne Z.
April 22nd, 2022
not enough room for legal description. Wouldn't allow me to enter widow status in owner box. Not clear who to send it to so I printed it out and will ask the notary who I use for recording it.
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David T.
September 6th, 2022
This is a great service and terrific value. The form package provided (blank form, example form & set of instructions) was clear and easy to follow. Being able to complete the forms using the computer to insert the needed information saved countless hours. My completed form was accepted by the Clerk & Recorder office without any issue. Well worth the investment
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Kelly W.
March 26th, 2020
Great resource! Wish you could expand to more than just deeds, but then you would have to rename it. :) Thanks! Kelly
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Grace O.
November 4th, 2020
I was happy to find a way to file my title without having to send original. Although I found it hard to naigste, my daughter came to my rescue and we were successful. Thank you.
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Noble Mikhail F.
October 2nd, 2020
The system is wonderful, and makes recording and searching simple, thanks a lot
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Sheri L.
July 9th, 2019
Very helpful even though what I'm looking for hasnt updated yet. I'll use you again.
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Jeffrey T.
December 1st, 2022
First Time User here. Simple and easy. Delivered Deed in excellent time. Sure beats going to the recorder's office.
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Riley K G.
June 23rd, 2022
Awesome, way better than some other offerings out there. Unfortunately some people won't realize that until it's too late.
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Morgan K.
August 24th, 2021
When I brought this deed to the county assessor, they were so impressed that I had done it correctly on my first try, and said they wished everyone would do such a good job on their paperwork.
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