Walworth County Gift Deed Forms (South Dakota)
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Form Package
Gift Deed
State
South Dakota
Area
Walworth County
Price
$27.97
Delivery
Immediate Download
Payment Information
Included Forms
All Walworth County specific forms and documents listed below are included in your immediate download package:
Gift Deed Form
Fill in the blank form formatted to comply with all recording and content requirements.
Included document last reviewed/updated 3/20/2024
Gift Deed Guide
Line by line guide explaining every blank on the form.
Included document last reviewed/updated 4/22/2024
Completed Example of the Gift Deed Document
Example of a properly completed form for reference.
Included document last reviewed/updated 4/15/2024
Included Supplemental Documents
The following South Dakota and Walworth County supplemental forms are included as a courtesy with your order.
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 South Dakota or Walworth 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.
How do I get my forms, are they emailed?
Forms are NOT emailed to you. Immediately after you submit payment, the Walworth 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 type of files are the forms?
All of our Walworth 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.
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 Walworth County that you need to transfer you would only need to order our forms once for all of your properties in Walworth County.
Are these forms guaranteed to be recordable in Walworth County?
Yes. Our form blanks are guaranteed to meet or exceed all formatting requirements set forth by Walworth 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:
- Walworth County
Including:
- Akaska
- Glenham
- Java
- Mobridge
- Selby
What is the South Dakota Gift Deed
Gifts of Real Property in South 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. 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 South 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 unmarried persons is presumed to create a tenancy in common, unless a joint tenancy with a right of survivorship is expressly created (SDCL 43-2-11 et seq.).
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, along with a Certificate of Real Estate Value (SDCL 7-9-7(4)). Any conveyance that is an absolute gift without consideration of any kind in return for it is exempt from the fee imposed on any transfer of title (SDCL 43-4-22).
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 if a gift is valued below $15,000, a federal gift tax return (Form 709) does not need to be filed. However, if the gift is something that could possibly be disputed by the IRS -- such as real property -- a grantor may benefit from filing a Form 709 [2].
In South Dakota, there is no state gift tax. Gifts of real property in South Dakota are, however, subject to the federal gift tax, which the grantor is responsible for paying; 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
(South Dakota Gift Deed Package includes form, guidelines, and completed example)
Our Promise
The documents you receive here will meet, or exceed, the Walworth 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 Walworth 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.
Reviews
4.8 out of 5 (4324 Reviews)
Michael L.
April 25th, 2024
Professional, simple. Very good.
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Barbara A.
April 25th, 2024
Always helpful!\r\n
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Mark E.
April 25th, 2024
This was easy to use and only contained one glaring error-where to send the completed form to finish the process. I’ve completed the form, does this mean I get the amended deed sent to me? I think not.
Your insights are invaluable to us and help us strive for better service. Thank you for taking the time to share your thoughts.
Thomas W.
February 9th, 2021
Found what I needed, thanks.
Thank you!
Carolyn N.
March 21st, 2023
It worked! It was exactly what I needed and was easily understood.
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Kimberly H.
March 27th, 2020
Very fast and easy to use!
Thank you Kimberly. Have a fantastic day.
RHONDA G.
February 22nd, 2024
Was driven to this site by the county website. It took a bit of work having to create an account, etc. The example was useful; however the example only showed both parties in the same county, nor did the instructions mention anything about differing counties. This caused an oversight on my part.
Your insights are invaluable to us and help us strive for better service. Thank you for taking the time to share your thoughts.
Beatrice V.
August 27th, 2020
I was in despair as I needed to file two (2) very important documents with the County. Due to Covid the office was closed and my only recourse was to E-Fie with a service provider. I was fortunate enough to hear about Deeds.com. They were specific, courteous, patient and most of all productive. My documents will take awhile for the final filing but that is because the County happens to have a slow turn around time. Otherwise, I am now relieved that this part is over. Thank you Deeds.com. You are awesome.
Thank you for the kinds words Beatrice.
Daniel L.
April 27th, 2019
Very good. The right forms and instructions . Thanks
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Johnny B.
December 24th, 2019
This site was a breeze using.
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Debra M.
May 29th, 2020
Since the recorder's office is closed, due to Covid, this worked well to submit my Quit Claim Deed. I was a bit confused with the direction and download. But, I think I got her done! We'll see if I get recorded and confirmation is received. I may be back
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Timothy G.
June 3rd, 2019
Downloadable documents, instructions and a completed sample form were just what I needed. Very pleased and easy to use. Deeds.com will be my first stop for any future documents I may need. Thank you!
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Bette B.
November 2nd, 2021
Got Form I needed with detailed instructions and it was inexpensive
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Marilyn C.
April 6th, 2020
My document got recorded right away. Thank you! Will use again in the future when needed.
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Brenda G.
April 1st, 2022
So far have only done the download, will come back with further review at a later date.
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