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Pennsylvania - Fayette County Gift Deed Form

All Fayette County specific forms listed below are included in your immediate download:


Fayette County Gift Deed Form Page 1

Gift Deed Form - Fayette County

Fill in the blank form formatted to comply with all recording and content requirements.
Included document last updated 10/22/2020


Fayette County Gift Deed Guide Page 1

Gift Deed Guide - Fayette County

Line by line guide explaining every blank on the form.
Included document last updated 9/25/2020


Fayette County Completed Example of the Gift Deed Document Page 1

Completed Example of the Gift Deed Document - Fayette County

Example of a properly completed form for reference.
Included document last updated 9/28/2020


*The Following Pennsylvania and Fayette County supplemental forms are included as a courtesy with your order.


Realty Transfer Tax

Realty Transfer Tax

Complete each section and file in duplicate with Recorder of Deeds when: (1) the full value/consideration is not set forth in the deed, (2) the deed is without consideration or by gift, or (3) a tax exemption is claimed. Note: This is a statewide form, required in every county where applicable.


Transfer Tax

Transfer Tax

This document provides information on transfer tax in Pennsylvania. It also list transfer tax exemptions to determine whether the deed in question is exempt.


Valuation Factors

Valuation Factors

If transfer tax is due, this list will show how much is owed by county. The longer version of the list includes past rates.


Homestead Exemption

Homestead Exemption

For properties considered the primary residence of the taxpayer, a homestead exemption may exist. This Fayette County Homestead Exemption can reduce the appraised valuation of a primary residence before calculating the property tax owed, resulting in a lower annual property tax rate for owner-occupied homes.


Notary Certificates

Notary Certificates

The supplemental forms in this section can be used as loose certificates by Pennsylvania notaries.


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Frequently Asked Questions:

  • How long does it take to get my forms?
    • Forms are available immediately after submitting payment.
  • What are supplemental forms?
    • Often when a deed is recorded additional documents are required by the state or local jurisdiction. These could be tax related, informational, or even as simple as a coversheet. Supplemental forms are provided for free with your order where available.
  • How do I get my forms, are they emailed?
    • After you submit payment you will see a page listing the forms you ordered with a download link to the pdf form file. You download the forms to your computer. You will also receive an email with a link to your download page in case you need it later.
  • What type of files are the forms?
    • All of our 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.
  • Can the 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 a given county that you need to transfer you would only need to order our forms once for all of your properties in that county.
  • Are these forms guaranteed to be recordable in Fayette County ?
    • Yes. Our form blanks are guaranteed to meet or exceed all formatting requirements set forth by Fayette County including margin requirements, content requirements, font and font size requirements.
  • 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.
  • 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.
  • Are there any recurring fees involved?
    • No. Nothing to cancel, no memberships, no recurring fees.

Areas covered by these Gift Deed Forms:

  • Fayette County

Including:

  • Adah
  • Allison
  • Belle Vernon
  • Brier Hill
  • Brownfield
  • Brownsville
  • Cardale
  • Chalk Hill
  • Chestnut Ridge
  • Connellsville
  • Dawson
  • Dickerson Run
  • Dunbar
  • East Millsboro
  • Everson
  • Fairbank
  • Fairchance
  • Farmington
  • Fayette City
  • Gans
  • Gibbon Glade
  • Grindstone
  • Hibbs
  • Hiller
  • Hopwood
  • Indian Head
  • Isabella
  • Keisterville
  • La Belle
  • Lake Lynn
  • Leckrone
  • Leisenring
  • Lemont Furnace
  • Markleysburg
  • Martin
  • Masontown
  • Mc Clellandtown
  • Melcroft
  • Merrittstown
  • Mill Run
  • Mount Braddock
  • New Geneva
  • New Salem
  • Newell
  • Normalville
  • Ohiopyle
  • Oliver
  • Perryopolis
  • Point Marion
  • Republic
  • Ronco
  • Smithfield
  • Smock
  • Star Junction
  • Uledi
  • Uniontown
  • Vanderbilt
  • Waltersburg
  • West Leisenring
  • White
  • Wickhaven

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What is the Pennsylvania Gift Deed?

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 Pennsylvania 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 unmarried persons is presumed to create a tenancy in common, unless a joint tenancy with right of survivorship is specifically created. In the case of a married couple, a tenancy by entirety is created (68 Pa.C.S. 110).

As with any conveyance of real estate, a gift deed requires a complete legal description of the parcel. If the document includes a newly drafted legal description, contact the county for directions and verify the type of description required with the local Register of Deed's office. Recite the source of title to establish a clear chain of title, and detail any restrictions associated with the property.

In Pennsylvania, a Statement of Value must be attached with the deed, (91 Pa.C.S. 112) as well as an additional Certificate of Residence, (21 Pa.C.S. 625). If applicable, a Conveyance Document Notice of Coal or Surface Support Severance Notice (52 Ps.C.S. 1551), and/or a Bituminous Mine Subsidence and Land Conservation Act Notice (52 Pa.C.S. 1406.14) must be included as well. For questions regarding these notices, contact a lawyer. Property situated in Philadelphia County requires a recording information summary and real estate transfer tax certification [2]. Record the completed deed at the local Recorder of Deed'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 [3].

In Pennsylvania, there is no state gift tax. Transfers of property by gift are exempt from the Pennsylvania property transfer tax (91 Pa.C.S. 193), but are subject to the federal gift tax described above. The grantor is responsible for paying the federal gift tax, and the grantee will be held liable if the grantor fails to do so [1]. Consult a tax specialist with questions.

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 [4].

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://www.phila.gov/records/DocumentRecording/DocumentRecording.html
[3] http://msuextension.org/publications/FamilyFinancialManagement/MT199105HR.pdf
[4] https://www.irs.gov/businesses/small-businesses-self-employed/frequently-asked-questions-on-gift-taxes

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Save Time and Money

Get your Fayette 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.

Our Promise

The documents you receive here will meet, or exceed, the Fayette County recording requirements for formatting. If there's an issue caused by our formatting, we'll make it right and refund your payment.

Customer Reviews:

4.8 out of 5 (1992 Reviews)


October 27th, 2020

Name: April K.

Review: Thank you so much! Quick and easy. Received it in under 5 minutes.

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October 27th, 2020

Name: Paul A.

Review: The website worked fast but the information was limited and the actual deed of trust was what i was looking for from the county --- the info was limited the website is fast and seemed accurate just limited the information I needed

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October 27th, 2020

Name: Mike M.

Review: Get Rid of the places to initial each page on the Trust Deed. The Co. Recorder (Davis) does not require that each page be initialled... If I and the "borrower" had initialed each page, then I would have to use US Mail to get the form from AZ to UT because scans of initials are not acceptable, but only a notarized signature from the borrower is...

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October 26th, 2020

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October 24th, 2020

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Review: A lot of information to read over but downloading process was great and ill definitely use the service again. Showed me my country and city that my forms would be valid in and the information is step by step with examples and that is great

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October 24th, 2020

Name: Dennis S.

Review: I am still working on the forms. I am having problems doing the forms as you can only save as pdf and it is difficult to change or modify the pdf. You have to purchase a pdf convertor program. but all seems to be there to do the deed submittals.

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