All Washington County specific forms and documents listed below are included in your immediate download package:
The Following Tennessee and Washington County supplemental forms are included as a courtesy with your order.
Affidavit of Value Form (Tennessee Document)
Certificate of Acknowledgment - Individual (Tennessee Document)
Certificate of Acknowledgment - Representative (Tennessee Document)
Jurat (Tennessee Document)
Including:
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
The documents you receive here will meet, or exceed, the Washington County recording requirements for formatting. If there's an issue caused by our formatting, we'll make it right and refund your payment.
Get your Washington 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.
July 2nd, 2022
Name: Scott K.
Review: The beneficiary deed was acceptable to the county clerk and my notarized official deed was mailed to me. The Missouri-based deed met with official approval so all is well in the land that time forgot.
Reply from Staff on July 2nd, 2022
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July 1st, 2022
Name: Joseph D.
Review: Exellent and easy! Thqanks!
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June 29th, 2022
Name: Judith F.
Review: Was easy to use the eRecording service.
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June 29th, 2022
Name: eduardo r.
Review: Very easy to fill out forms thank you very much
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June 28th, 2022
Name: Virginia S.
Review: Very easy to use. Had my Transfer of Death Designation Affidavit done in no time and filed with the Recorder's Office the next day.
Reply from Staff on June 28th, 2022
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June 28th, 2022
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Review: VERY difficult to work with. Nice people. But difficult system. Ask for MANY changes. Why dont you do that as a
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June 28th, 2022
Name: Richard R.
Review: Kind of expensive for a 3 page item...but I received it pronto and it will fill the bill.
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June 28th, 2022
Name: Mark S.
Review: The forms were easy to fill in and file. I've never filed anything like this before and the forms made it extremely easy. Thank you so much!
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June 26th, 2022
Name: William S.
Review: The forms worked well for entering information. I have finished without much trouble. Since the forms are Adobe PDF files you need the free app to use them but you can't edit unless you have the paid Adobe program. And, it was a reasonable price.
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June 24th, 2022
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