Henderson County Gift Deed Form

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

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

Henderson 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 Henderson County documents included at no extra charge:
Where to Record Your Documents
Henderson County Register of Deeds
Hendersonville, North Carolina 28792
Hours: 9:00am to 5:00pm Monday through Friday
Phone: (828) 697-4901
Recording Tips for Henderson County:
- Double-check legal descriptions match your existing deed
- 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 Henderson County
Properties in any of these areas use Henderson County forms:
- Bat Cave
- Dana
- East Flat Rock
- Edneyville
- Etowah
- Flat Rock
- Fletcher
- Gerton
- Hendersonville
- Horse Shoe
- Mills River
- Mountain Home
- Naples
- Tuxedo
- Zirconia
Hours, fees, requirements, and more for Henderson County
How do I get my forms?
Forms are available for immediate download after payment. The Henderson 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 Henderson County?
Yes. Our form blanks are guaranteed to meet or exceed all formatting requirements set forth by Henderson 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 Henderson 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 Henderson County?
Recording fees in Henderson County vary. Contact the recorder's office at (828) 697-4901 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 Henderson County to use these forms. Documents should be recorded at the office below.
This Gift Deed meets all recording requirements specific to Henderson County.
Our Promise
The documents you receive here will meet, or exceed, the Henderson 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 Henderson 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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January 11th, 2023
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February 23rd, 2019
My legal description exceeds the avaiable space in the one page Exhibit A...any way to add a second page as 'Exhibit A (continued)'?
It is not required to use the included exhibit page. Simply label your printed legal description as the appropriate exhibit.
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May 9th, 2019
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May 1st, 2020
I'm very impressed. We're a small nonprofit, and we usually walk our documents into our county offices for recording. So I was a little bit skeptical about how things would work if we did it electronically. But it was a smooth, quick, painless, and reasonably priced process. I expect that this will be our preferred method even after county offices re-open.
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November 25th, 2019
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August 22nd, 2020
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September 6th, 2019
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Lucus S.
May 19th, 2022
I tried to do it myself by copying an old deed and ended up with a bunch of headaches (expensive ones) wish I would have used these documents first. Live and learn.
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March 9th, 2021
I wish the quick claim dead would have had letterhead that said, State South Carolina.
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