Haywood County Gift Deed Form

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

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

Haywood 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 North Carolina and Haywood County documents included at no extra charge:
Where to Record Your Documents
Haywood County Register of Deeds
Waynesville, North Carolina 28786
Hours: 8:00 to 4:45 M-F / Recording until 4:30
Phone: (828) 452-6635
Recording Tips for Haywood County:
- Ensure all signatures are in blue or black ink
- Bring extra funds - fees can vary by document type and page count
- Both spouses typically need to sign if property is jointly owned
- Make copies of your documents before recording - keep originals safe
Cities and Jurisdictions in Haywood County
Properties in any of these areas use Haywood County forms:
- Canton
- Clyde
- Hazelwood
- Lake Junaluska
- Maggie Valley
- Waynesville
Hours, fees, requirements, and more for Haywood County
How do I get my forms?
Forms are available for immediate download after payment. The Haywood 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 Haywood County?
Yes. Our form blanks are guaranteed to meet or exceed all formatting requirements set forth by Haywood 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 Haywood 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 Haywood County?
Recording fees in Haywood County vary. Contact the recorder's office at (828) 452-6635 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 Haywood County to use these forms. Documents should be recorded at the office below.
This Gift Deed meets all recording requirements specific to Haywood County.
Our Promise
The documents you receive here will meet, or exceed, the Haywood 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 Haywood 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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November 2nd, 2020
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May 31st, 2019
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July 23rd, 2021
Absolutely wonderful customer service. I am very pleased with the service I received and highly recommend this to everyone.
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Carolyn G.
September 1st, 2021
I was extremely pleased with this experience, which literally took a minimum amount of time. One recommendation: make certain that when documents are uploaded that they have been received in the appropriate file. The lack of clarity caused me to upload twice or three times. Thank you.
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Shane T.
March 7th, 2020
The Transfer on Death Deed form package was very good. But like anything, could use some improvements. There is not enough space to fill more than one beneficiary with any level of additional detail like "as his sole and separate property" The area for the legal description could be a bit bigger and potentially fit many legal descriptions. Or it could be made to simply say "See Exhibit A" as is likely necessary for most anyway. The guide should indicate what "homestead property" means so the user doesn't have to research the legal definition. (which turns out to be obvious, at least in my state, if you live there, it's your homestead.) It would be helpful if an "Affidavit of Death" form were included in the package for instances where the current deed hasn't been updated to reflect a widowed owner as the sole owner before recording with only the one signature.
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Gwen N.
September 16th, 2021
Easy to use
Thank you!
Caville B.
February 10th, 2019
Received the documents, but the explanation and process is not as straightforward as I would have liked. The Instructions and Sample document were not always easy to follow. I may just have a real estate lawyer perform the task.
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Warren B.
June 11th, 2022
Outstanding. There is nothing worse than finding the correct forms or having to hire an atty to do what most people can do on their own. I cant speak for all but these forms are fairly easy. The addition of guides and supplement forms are excellent. I just saved quite a bit of money with your site. Thanks
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Tyler B.
June 8th, 2022
Great!
Thank you!
Carolyn N.
March 21st, 2023
It worked! It was exactly what I needed and was easily understood.
Thank you!
irene w.
February 11th, 2021
Just found this site, what a great resource ! Thank you so much for providing affordable help to those of us navigating estate planning mazes. The forms were all very easy to download, even on our rather ancient computer, and the accompanying explanations were in clear, understandable English designed to explain, with appropriate cautions to avoid problems.
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Robin M.
November 22nd, 2019
Thank you for your services...Attny office quoted a very large fee for the "TOD DEED" process, so this is very helpful that I am able to take care of this myself. If I would have researched your link sooner, I could have saved my Dad a lot of money for the "SURVIVORSHIP DEED". Thanks again & have a wonderful day:)
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Sherri S.
July 3rd, 2019
Appreciate your diligent assistance.
Thank you!
Erlinda M.
August 14th, 2019
Very convenient & easy to use this website. Information was helpful.
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Larry M.
August 19th, 2021
Everything went well except that any information that I typed in on the computer download moves upward so that the letters or numbers are somewhat elevated above the line that should be even with the words on the form. I think it will be acceptable to the county recorder, but I don't especially like to submit things that appear uneven. I asked for help but just received a robotic reply that said to take steps that I already had done. So unless you know a way to correct this I likely won't use your forms again.
Thank you!