Lincoln County Gift Deed Form (Oregon)

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

Gift Deed Form

Lincoln County Gift Deed Form

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

Gift Deed Guide

Lincoln County Gift Deed Guide

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

Completed Example of the Gift Deed Document

Lincoln County Completed Example of the Gift Deed Document

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

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

Lincoln County Clerk

225 W Olive St, Rm 201, Newport, Oregon 97365-3869

Hours: 8:30 to 5:00 M-F / Recording: 9:00 to 4:00

Phone: (541) 265-4131 or 4121

Local jurisdictions located in Lincoln County include:

  • Depoe Bay
  • Eddyville
  • Gleneden Beach
  • Lincoln City
  • Logsden
  • Neotsu
  • Newport
  • Otis
  • Otter Rock
  • Seal Rock
  • Siletz
  • South Beach
  • Tidewater
  • Toledo
  • Waldport
  • Yachats

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

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

What are supplemental forms?

Often when a deed is recorded, additional documents are required by Oregon or Lincoln 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 Lincoln 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 Lincoln 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 Lincoln 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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May 16th, 2024

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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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Van S.

March 25th, 2022

Easy to use...very informative...ttook care of exactly what I was looking for.

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Wendy C.

January 27th, 2021

I purchased a Warranty Deed "package" on Friday and found that the Main download was a working document, but the secondary document (which is required) was not. In other words, I was able to use the fill-in feature on the main document, but not on the second document. I used the portal on the website to report my issue the same day. That was Friday. This is Wednesday. I have not heard a word from them and I have to use my documents in 2 days. I will probably have to resort to pen and ink for that document, but I have already tried filling it out twice and have to keep reprinting and starting over. You can't white out or cross out. I would really prefer to have the complete service that I paid for.

Reply from Staff

Thank you for your feedback. As is noted on the site, supplemental forms are provided as a courtesy with your order. They are not our forms, we did not create them. They are created and provided by the jurisdiction/agency that requires them. Have a wonderful day.

Ralph W.

April 18th, 2020

very professional

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Tim T.

November 6th, 2023

Straightforward and handy. Spacing of the spaces I filled out was not pretty, but it all worked.

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samantha b.

February 18th, 2019

excellent instructions and the examples made completing the forms so very simple. thanks so much.

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April 10th, 2020

This is a great service, I was worried about my NOC and Liens being filed in this terrible time!!! Happy I have this service Deeds.com!!!

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Sharon D.

December 29th, 2018

Very easy to understand forms...

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Patricia W.

October 1st, 2020

The technology and service was excellent. The content was too limited. I was seeking to find out about 61b deeds on the property and that was not provided.

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March 21st, 2023

It worked! It was exactly what I needed and was easily understood.

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A R M.

May 1st, 2021

Great so far. Just downloaded all the documents, and they seem to be easy to save and are fillable.
A R M

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Jeffrey G.

December 31st, 2020

Nice an easy. Just wondered if I can come back and still have my order (forms) available to get again, if I have an issue with saving them.

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Robert T.

September 23rd, 2019

Very quick thank you.

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