Emmons County Gift Deed Form

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

Emmons County Quit Claim Deed Guide
Line by line guide explaining every blank on the form.

Emmons 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 Dakota and Emmons County documents included at no extra charge:
Where to Record Your Documents
Emmons County Recorder
Linton, North Dakota 58552-0905
Hours: 8:30am - 12:00pm, 1:00pm - 5:00pm
Phone: (701) 254-4812
Recording Tips for Emmons County:
- Ask if they accept credit cards - many offices are cash/check only
- White-out or correction fluid may cause rejection
- Both spouses typically need to sign if property is jointly owned
- Consider using eRecording to avoid trips to the office
Cities and Jurisdictions in Emmons County
Properties in any of these areas use Emmons County forms:
- Braddock
- Hague
- Hazelton
- Kintyre
- Linton
- Strasburg
Hours, fees, requirements, and more for Emmons County
How do I get my forms?
Forms are available for immediate download after payment. The Emmons 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 Emmons County?
Yes. Our form blanks are guaranteed to meet or exceed all formatting requirements set forth by Emmons 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 Emmons 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 Emmons County?
Recording fees in Emmons County vary. Contact the recorder's office at (701) 254-4812 for current fees.
Have other questions? Contact our support team
Gifts of Real Property in North Dakota
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].
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 Dakota residential property, the primary methods for holding title are tenancy in common, and joint tenancy. A grant of ownership of real estate to two or more persons is presumed to create a tenancy in common, unless a joint tenancy is expressly created in the conveyance (N.D.C.C. 47-02-06).
As with any conveyance of real estate, a gift deed requires a complete legal description of the parcel. All deeds in North Dakota are required to indicate whether the legal description was taken from a previous instrument, or if it is newly drafted. A metes and bounds description requires the name and address of the person drafting the description (N.D.C.C. 47-19-03.1, 57-02-39). Recite the source of title to establish a clear chain of title, and detail any restrictions associated with the property. All transactions of real property must be accompanied by a Statement of Real Estate Full Consideration form, which must be filed with either the Secretary of the State Board of Equalization or county Recorder's office, unless exempt pursuant to N.D.C.C. 11-18-02.2. 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. 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, donors should consider filing one for many gifts of real property [2].
In North Dakota, there is no state gift tax. For questions regarding state taxation laws, consult a tax specialist. Gifts of real property in North Dakota are subject to the federal gift tax. 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].
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 Dakota GD Package includes form, guidelines, and completed example)
Important: Your property must be located in Emmons County to use these forms. Documents should be recorded at the office below.
This Gift Deed meets all recording requirements specific to Emmons County.
Our Promise
The documents you receive here will meet, or exceed, the Emmons 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 Emmons 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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