Harney County Gift Deed Form (Oregon)

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

Gift Deed Form

Harney County Gift Deed Form

Fill in the blank form formatted to comply with all recording and content requirements.
Included Harney County compliant document last validated/updated 5/17/2024

Gift Deed Guide

Harney County Gift Deed Guide

Line by line guide explaining every blank on the form.
Included Harney County compliant document last validated/updated 4/29/2024

Completed Example of the Gift Deed Document

Harney County Completed Example of the Gift Deed Document

Example of a properly completed form for reference.
Included Harney County compliant document last validated/updated 4/29/2024

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

Harney County Clerk & Records

450 North Buena Vista #14, Burns, Oregon 97720

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

Phone: (514) 573-6641

Local jurisdictions located in Harney County include:

  • Burns
  • Crane
  • Diamond
  • Drewsey
  • Fields
  • Frenchglen
  • Hines
  • Princeton
  • Riley

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

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

What are supplemental forms?

Often when a deed is recorded, additional documents are required by Oregon or Harney 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 Harney 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 Oregon

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. A gift deed 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 Oregon residential property, the primary methods for holding title are tenancy in common, and tenancy by entirety. A grant of ownership of real estate to two or more unmarried persons is presumed to create a tenancy in common. A conveyance to a married couple creates a tenancy by entirety. Joint tenancy is abolished unless the conveyance is to trustees or personal representatives (ORS 93.180).

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. Gift deeds in Washington County must be accompanied by an Application for Exemption from Washington County Transfer Tax form, which can be found on the Washington County website. Record the completed deed and any associated documentation at the local County Clerk's office.

The IRS implements 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 Oregon, there is no state gift tax. When a transfer is by gift, no tax withholding is required either [3]. For questions regarding state taxation laws, consult a tax specialist. Gifts of real property in Oregon are, however, 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

(Oregon GD Package includes form, guidelines, and completed example)

Our Promise

The documents you receive here will meet, or exceed, the Harney 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

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Reply from Staff

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May 16th, 2024

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May 15th, 2024

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June 7th, 2021

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February 11th, 2019

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December 28th, 2020

A better or more simplified explanation of what some of the more common titles would be used for would help. You list 6-8 types of Trusts alone. An example of doing a Grant Deed to move a property into, out of, or from a Trust to a Trust would have been helpful.

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