Hamilton County Gift Deed Forms (Tennessee)
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Form Package
Gift Deed
State
Tennessee
Area
Hamilton County
Price
$27.97
Delivery
Immediate Download
Payment Information
Included Forms
All Hamilton 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 3/18/2024
Gift Deed Guide
Line by line guide explaining every blank on the form.
Included document last reviewed/updated 3/15/2024
Completed Example of the Gift Deed Document
Example of a properly completed form for reference.
Included document last reviewed/updated 3/7/2024
Included Supplemental Documents
The following Tennessee and Hamilton 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 Tennessee or Hamilton 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 Hamilton 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 Hamilton 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 Hamilton County that you need to transfer you would only need to order our forms once for all of your properties in Hamilton County.
Are these forms guaranteed to be recordable in Hamilton County?
Yes. Our form blanks are guaranteed to meet or exceed all formatting requirements set forth by Hamilton 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:
- Hamilton County
Including:
- Apison
- Bakewell
- Birchwood
- Chattanooga
- Collegedale
- Harrison
- Hixson
- Lookout Mountain
- Lupton City
- Ooltewah
- Sale Creek
- Signal Mountain
- Soddy Daisy
What is the Tennessee Gift Deed
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)
Our Promise
The documents you receive here will meet, or exceed, the Hamilton 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 Hamilton 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 (4317 Reviews)
Dyanna B.
April 23rd, 2024
Got what I needed. Easy access.
Thank you for your positive words! We’re thrilled to hear about your experience.
Gina G.
April 17th, 2024
This service is fantastic! Took a few tries to scan the document correctly, but their patience and quick turn around made this a far better experience than going to the County myself.
We are delighted to have been of service. Thank you for the positive review!
Michael M.
April 17th, 2024
Great service that satisfied all my needs. Great prices too.
We appreciate your business and value your feedback. Thank you. Have a wonderful day!
Elizabeth P.
October 20th, 2020
Perfect quitclaim form. Easy to fill in with the required information and all the required information has a place (no easy feat in our county!). It is helpful that they include exhibit pages for larger blocks of information (our legal is 2 pages long). Great job folks!
Thank you for the kind words Elizabeth. Have an amazing day!
Kevin R.
January 4th, 2024
Deeds.com made a very difficult time in our lives much easier to deal with. So happy that we found this app when we did!
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Kathy O.
December 2nd, 2021
I was so happy to be able to print the Quit Claim Deed form and learn about other forms. Very pleased with this service! Took the stress out of preparing needed deeds for notirization for our Trust. Very grateful. Thank you. Kathy
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Eric F.
January 21st, 2022
Thank You deeds.com, your site helped me accomplish a difficult mission.
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Mark R.
January 10th, 2019
Easy and simple to understand, had no trouble with the transaction or the forms. Recorded on the first try, not something that happens very often.
Great to hear that Mark. have an awesome day!
Lenore B.
January 13th, 2019
Thank you for making this deed available. The guide was such a big help.
Thanks Lenore, have a great day!
Karelia W.
February 14th, 2024
Was a bit skeptical because I\'d never heard of it, but just got something submitted and confirmed recorded in less than 24 hrs. UI could use some work but other than that, straightforward and works!
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JACK G.
December 27th, 2019
Worked out good
can the forms be filled out on the computer and printed off.
Thank you for your feedback. We really appreciate it. Have a great day!
Robert D.
December 25th, 2020
I was trying to register a financial statement (non real estate document). There was no link or statement on the home page to indicate that this could be done. All I had to do was to create an account, name and then upload the document. It took me over a day and several phone calls to the local deed recording office to try to figure this out. A simple link or statement to this effect would have saved me a lot of time
Thank you for your feedback. We really appreciate it. Have a great day!
Deborah G.
June 4th, 2019
Great website and very easy to use
Thank you for your feedback Deborah, we really appreciate it. Have a great day!
PAMELA D.
March 28th, 2022
great response!! Thank you
Thank you!
JIM H.
July 21st, 2022
Excellent service
Always find the documents in minutes.
Supporting docs is a super plus!
Thank you!
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