Franklin County Gift Deed Form

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

Franklin County Gift Deed Guide
Line by line guide explaining every blank on the form.

Franklin 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
Immediate Download • Secure Checkout
Additional Tennessee and Franklin County documents included at no extra charge:
Where to Record Your Documents
Franklin County Register of Deeds
Winchester, Tennessee 37398
Hours: 8:00 to 4:30 Monday through Friday
Phone: (931) 967-2840
Recording Tips for Franklin County:
- Ensure all signatures are in blue or black ink
- Ask if they accept credit cards - many offices are cash/check only
- Recording fees may differ from what's posted online - verify current rates
- Verify the recording date if timing is critical for your transaction
Cities and Jurisdictions in Franklin County
Properties in any of these areas use Franklin County forms:
- Belvidere
- Cowan
- Decherd
- Estill Springs
- Huntland
- Sewanee
- Sherwood
- Winchester
Hours, fees, requirements, and more for Franklin County
How do I get my forms?
Forms are available for immediate download after payment. The Franklin 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 Franklin County?
Yes. Our form blanks are guaranteed to meet or exceed all formatting requirements set forth by Franklin 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 Franklin 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 Franklin County?
Recording fees in Franklin County vary. Contact the recorder's office at (931) 967-2840 for current fees.
Questions answered? Let's get started!
Gifts of Real Property in Tennessee
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 Tennessee residential property, the primary methods for holding title are tenancy in common and tenancy by entirety. A conveyance of real estate to two or more unmarried persons creates a tenancy in common, unless a different intention is clearly expressed. (Note: 66-1-107 abolishes survivorship in joint tenancy; consult a lawyer for questions regarding joint tenancy and/or survivorship rights in Tennessee.)
As with any conveyance of real estate, a gift deed requires a complete legal description of the parcel. At the end of the legal description of the property, include the name, license number, and address of the surveyor who prepared the boundary survey from which the description was prepared (T.C.A. 66-24-121). Recite the source of title to establish a clear chain of title, and detail any restrictions associated with the property. Record the completed deed, along with a completed Oath of Consideration (T.C.A 67-4-409) at the local county Recorder'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 if a gift is valued below $15,000, a federal gift tax return (Form 709) does not need to be filed. But, 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 Tennessee, there is no state gift tax. Gifts of real property in Tennessee 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
(Tennessee Gift Deed Package includes form, guidelines, and completed example)
Important: Your property must be located in Franklin County to use these forms. Documents should be recorded at the office below.
This Gift Deed meets all recording requirements specific to Franklin County.
Our Promise
The documents you receive here will meet, or exceed, the Franklin 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 Franklin 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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February 20th, 2022
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February 6th, 2024
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Sandra H.
February 26th, 2019
I am a retired attorney. I chanced upon this website while looking for a Florida Lady Bird Deed Form. It conforms to Florida Law and was exactly what I needed. The forms are easy to obtain and even easier to use and print out.
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October 13th, 2022
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January 19th, 2021
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May 22nd, 2021
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June 20th, 2023
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January 31st, 2021
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January 20th, 2020
Down to the point,covers every angle with great tips:Don't forget Probate.
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April 18th, 2019
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July 16th, 2020
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April 29th, 2021
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September 19th, 2020
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December 18th, 2020
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August 14th, 2019
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