Scott County Gift Deed Form

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

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

Scott 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
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Additional Tennessee and Scott County documents included at no extra charge:
Where to Record Your Documents
Scott County Register of Deeds
Huntsville, Tennessee 37756
Hours: 8:30 to 4:00 M-F
Phone: (615) 663-3075
Recording Tips for Scott County:
- Bring your driver's license or state-issued photo ID
- Documents must be on 8.5 x 11 inch white paper
- Avoid the last business day of the month when possible
- Recording fees may differ from what's posted online - verify current rates
Cities and Jurisdictions in Scott County
Properties in any of these areas use Scott County forms:
- Elgin
- Helenwood
- Huntsville
- Oneida
- Robbins
- Winfield
Hours, fees, requirements, and more for Scott County
How do I get my forms?
Forms are available for immediate download after payment. The Scott 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 Scott County?
Yes. Our form blanks are guaranteed to meet or exceed all formatting requirements set forth by Scott 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 Scott 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 Scott County?
Recording fees in Scott County vary. Contact the recorder's office at (615) 663-3075 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 Scott County to use these forms. Documents should be recorded at the office below.
This Gift Deed meets all recording requirements specific to Scott County.
Our Promise
The documents you receive here will meet, or exceed, the Scott 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 Scott 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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Joanne D.
May 14th, 2020
Loved your easy to follow instructions along with the paperwork forms that I was looking for. Would highly suggest this service to everyone. You should share this platform with other counties!! Extremely helpful
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Anna C.
March 14th, 2022
While I don't know if my filing will be accepted which is the penultimate test, I was happy with the product.
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Christine H.
June 23rd, 2020
Easy to use. Customer service is very responsive!
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Susan T.
January 21st, 2019
This was perfect for my county I will be recommending your forms to all my clients thank you.
Thank you Susan, have a great day!
Scott M.
August 8th, 2024
Very straightforward. Only issue was it took a few times for the mineral deed form to show up. The first few times it instead showed a mineral rights transfer between operators.
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John R.
November 6th, 2019
All the material included made preparing the quit claim deed very easy. Good product.
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Myrna P.
March 18th, 2019
Easy to download, form very user friendly, and its customized to our county. Very much worth the money.
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Connie G.
October 15th, 2019
This product makes it so much easier to understand and file forms that you might have to pay an attorney to do. All Counties have their own way of submitting forms and with Deeds you have the correct format.
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A. S.
February 27th, 2019
First, I am glad that you gave a blank copy, an example copy, and a 'guide'. It made it much easier to do. Overall I was very happy with your products and organization... however, things got pretty confusing and I have a pretty 'serious' law background in Real Estate and Civil law. With that said, I spent about 10+ hours getting my work done, using the Deed of Trust and Promissory note from you and there were a few problems: First, it would be FANTASTIC if you actually aligned your guide to actually match the Deed or Promissory Note. What I mean is that if the Deed says 'section (E)' then your guide shouldn't be 'randomly' numbered as 1,2,3, for advice/instructions, but should EXACTLY match 'section (E)'. Some places you have to 'hunt' for what you are looking for, and if you did it based on my suggestion, you wouldn't need to 'hunt' and it would avoid confusion. 2nd: This one really 'hurt'... you had something called the 'Deed of Trust Master Form' yet you had basically no information on what it was or how to use it. The only information you had was a small section at the top of the 'Short Form Deed of Trust Guide'. Holy Cow, was that 'section' super confusing. I still don't know if I did it correctly, but your guide says only put a return address on it and leave the rest of the 16 or so page Deed of Trust beneath it blank... and then include your 'Deed of Trust' (I had to assume the short form deed that I had just created) as part of it. I had to assume that I had to print off the entire 17 page or so title page and blank deed. I also had to assume that the promissory note was supposed to be EXHIBIT A or B on the Short Form Deed. It would be great if someone would take a serious look at that short section in your 'Short Form Deed of Trust Guide' and realize that those of us using your products are seriously turning this into a county clerk to file and that most of us, probably already have a property that has an existing Deed... or at least can find one in the county records if necessary... and make sure that you make a distinction between the Deed for the property that already exists, versus the Deed of Trust and Promissory note that we are trying to file. Thanks.
Thank you for your feedback. We'll have staff review the document for clarity. Have a great day!
Gary M.
April 18th, 2020
Death of JT form was excellent. You have the best documents out there. I wish I could have read the sample just so I knew my information was entered correctly. Real problem is County wants a bar code on documents to get recorded. Now? Need four deed forms so the expense starts to be prohibitive. I would rather pay more and get multiple access.
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Jay G.
June 14th, 2019
Impressed by their expeditious response to my request which was facilitated by their fabulous software.
Thank you!
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March 16th, 2023
Excellent... This website was awesome. Exactly what I was looking for.
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Kevin M.
April 2nd, 2022
good so far. will wait to see what happens
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Mary H.
January 31st, 2019
Your site was very informative and I was able to instantly and easily download the documents that I needed. I could not be happier with your service. Thank You Mary Harju
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Vertina B.
June 14th, 2022
The website is well established and easy to use. I got everything I was supposed to get. I had no problem downloading the forms. All of the forms printed well.
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