Transylvania County Gift Deed Form (North Carolina)

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

Gift Deed Form

Transylvania County Gift Deed Form

Fill in the blank form formatted to comply with all recording and content requirements.
Included Transylvania County compliant document last validated/updated 4/11/2024

Gift Deed Guide

Transylvania County Gift Deed Guide

Line by line guide explaining every blank on the form.
Included Transylvania County compliant document last validated/updated 4/22/2024

Completed Example of the Gift Deed Document

Transylvania County Completed Example of the Gift Deed Document

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

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

When using these Gift Deed forms, the subject real estate should be physically located in Transylvania County, and the executed documents recorded in one of the following offices:

Transylvania County Register Of Deeds

7 East Morgan St, Suite 2, Brevard, North Carolina 28712

Hours: 8:30 to 5:00 M-F

Phone: (828) 884-3162

Local jurisdictions located in Transylvania County include:

  • Balsam Grove
  • Brevard
  • Cedar Mountain
  • Lake Toxaway
  • Penrose
  • Pisgah Forest
  • Rosman
  • Sapphire

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?

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

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 Transylvania County using our eRecording service.
Are these forms guaranteed to be recordable in Transylvania County?

Yes. Our form blanks are guaranteed to meet or exceed all formatting requirements set forth by Transylvania 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 Transylvania County that you need to transfer you would only need to order our forms once for all of your properties in Transylvania County.

What are supplemental forms?

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

May 16th, 2024

The Service was excellent the county recorder’s can sometimes cause issues and or delays because of certain filing requirements , but overall I am more than satisfied with DEEDS.com fast friendly services.

Reply from Staff

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David B.

May 16th, 2024

Prompt review and submission of documents could be an appropriate tagline for this business. The attention to detail and rapid response makes the company a great go to for servicing needs related to deeds.

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May 15th, 2024

Looks like a very professional site. I just don’t know what it would cost using this site.

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Richard A.

June 24th, 2020

Great product. It would be better if the document files were not embedded within other files. It made downloading a little confusing. The titles of the forms did not match exactly word for word, which required a lot of back and forth to make sure I had downloaded the proper document. What would be great is if once you download a document, the hyperlink changed color, or somehow denoted the document had been downloaded. Just a suggestion. You have my email address if you have questions. STILL! Five stars for you guys. I would not let that hiccup dissuade me from buying any form package from you guys. Thanks!

Reply from Staff

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Dorothy S.

November 11th, 2020

Great service and documents that solved my legal issues
I was frustrated with my inability to safe my information on the template and add an extra field box. Please make those instructions more clear for future customers.

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Peggy R.

April 11th, 2022

Thank you it was quick and easy

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Thank you!

Diane W.

January 3rd, 2020

The forms were immediately available for download, which was nice. However, I was not impressed by the lack of several features: 1) there was no way to edit set text in the form, such as where it says you should consult an attorney. That is not necessary for recording the deed and I wanted to deleted it, but could not. 2) Also, under the "Notes" section, there is a limited area to write; I tried adding a fuller explanation of something, but the form would not accept or include it when I printed the final document. The form may do the job, but it's not very sophisticated or elegant.

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Julia M.

March 9th, 2019

Your PDF form Personal Representative's Deed was exceedingly helpful.

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JAVIER B.

February 11th, 2021

EXCELLENT JOB DEEDS.COM
I AM SO PROUD I WAS ABLE TO RECEIVE A COPY OF THE REAL ESTATE DEED FROM MY OLD HOME OUT OF TOWN. HIGHLY RECOMMEND!!!

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Bernadette W.

April 11th, 2022

It was very easy to use the website. I wish there was an option to pay for multiple documents at once instead of having to pay for each one individually.

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Margaret G.

April 5th, 2022

Easy to navigate.

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Thank you!

Glenda C.

February 21st, 2021

It was easy to find what I was looking for.
The instructions were easy to follow.
The example given was most beneficial in completing form.

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Roy T.

April 3rd, 2020

Thank you for an easy to use system. I was able to find all the information I needed.

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Brenn C.

April 11th, 2022

These products would be more useful if they final deed could be copied and pasted into a word document for proper formatting. Because most of the document is protected against selecting and copying, I did not find it useful. I would not purchase again.

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Sera E.

January 25th, 2022

East, fast, reliable. Great service!

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