Montgomery County Gift Deed Form (North Carolina)

All Montgomery County specific forms and documents listed below are included in your immediate download package:

Gift Deed Form

Montgomery County Gift Deed Form

Fill in the blank form formatted to comply with all recording and content requirements.
Included Montgomery County compliant document last validated/updated 6/14/2024

Gift Deed Guide

Montgomery County Gift Deed Guide

Line by line guide explaining every blank on the form.
Included Montgomery County compliant document last validated/updated 6/3/2024

Completed Example of the Gift Deed Document

Montgomery County Completed Example of the Gift Deed Document

Example of a properly completed form for reference.
Included Montgomery County compliant document last validated/updated 2/22/2024

The following North Carolina and Montgomery County supplemental forms are included as a courtesy with your order:

When using these Gift Deed forms, the subject real estate must be physically located in Montgomery County. The executed documents should then be recorded in the following office:

Montgomery County Register of Deeds

102 E Spring St / PO Box 695, Troy, North Carolina 27371

Hours: 8:00am-5:00pm M-F

Phone: (910) 576-4271

Local jurisdictions located in Montgomery County include:

  • Biscoe
  • Candor
  • Ether
  • Mount Gilead
  • Star
  • Troy

How long does it take to get my forms?

Forms are available immediately after submitting payment.

How do I get my forms, are they emailed?

Immediately after you submit payment, the Montgomery 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 provided to you. If you encounter any issues accessing your forms, please reach out to our support team for assistance. Forms are NOT emailed to you.

What does "validated/updated" mean?

This indicates the most recent date when at least one of the following occurred:

  • Updated: The document was updated or changed to remain compliant.
  • Validated: The document was examined by an attorney or staff, or it was successfully recorded in Montgomery County using our eRecording service.
Are these forms guaranteed to be recordable in Montgomery County?

Yes. Our form blanks are guaranteed to meet or exceed all formatting requirements set forth by Montgomery County including margin requirements, content requirements, font and font size requirements.

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 Montgomery County that you need to transfer you would only need to order our forms once for all of your properties in Montgomery County.

What are supplemental forms?

Often when a deed is recorded, additional documents are required by North Carolina or Montgomery 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.

What type of files are the forms?

All of our Montgomery 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.

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.

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.

Are there any recurring fees involved?

No. Nothing to cancel, no memberships, no recurring fees.

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)

Our Promise

The documents you receive here will meet, or exceed, the Montgomery 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 Montgomery 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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June 14th, 2024

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June 13th, 2024

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October 13th, 2022

Very easy to download and appreciated the other information and affidavits.

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April 4th, 2021

The information seems complete and accurate. The form was easy to use and save. I'll let you know if we encounter problems getting the deed processed.

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Katherine W.

January 24th, 2019

I was impressed by the completeness of the package of forms PLUS instructions. Particularly helpful is the filled in sample, which enables you to see what a correct, completed deed ought to look like.

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September 10th, 2020

Good information guiding through filling out the product. Would like form to be more flexible in terms of spacing, but otherwise excellent.

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February 26th, 2020

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Joshua P.

July 27th, 2022

Easy fill in the blanks form. Just FYI make sure you have a copy of whatever deed you are changing and the tax records. You will want the language to be identical.

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October 1st, 2020

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January 31st, 2019

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Claim and should have ordered warranty deed. I will make it work

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November 18th, 2019

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March 29th, 2019

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November 21st, 2020

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EARL R.

June 4th, 2023

easy to use once i found out i could fill it out right on the deeds website instead of downloading it to word duh.

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