Virginia - Albemarle County Gift Deed Special Warranty Form

All Albemarle County specific forms listed below are included in your immediate download:

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*The Following Virginia and Albemarle County supplemental forms are included as a courtesy with your order.

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Certificate of Transfer Form (Virginia Document)

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Virginia Land Record Cover Sheet - Information (Virginia Document)

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VA Circuit Court Deed Fee Schedule (Virginia Document)

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Certificate of Acknowledgment (Virginia Document)

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Jurat (Virginia Document)

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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 the state or local jurisdiction. 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?
  • After you submit payment you will see a page listing the forms you ordered with a download link to the pdf form file. You download the forms to your computer. You will also receive an email with a link to your download page in case you need it later.
• What type of files are the forms?
  • All of our 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 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 a given county that you need to transfer you would only need to order our forms once for all of your properties in that county.
• Are these forms guaranteed to be recordable in Albemarle County ?
  • Yes. Our form blanks are guaranteed to meet or exceed all formatting requirements set forth by Albemarle 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 Special Warranty Forms:

• Albemarle County

Including:

• Batesville
• Charlottesville
• Covesville
• Crozet
• Earlysville
• Esmont
• Free Union
• Greenwood
• Ivy
• Keene
• Keswick
• North Garden
• Scottsville
• White Hall

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What is the Virginia Gift Deed Special Warranty?

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). They typically transfer real property between family or close friends. Gift deeds are also used to donate to a non-profit organization or charity.

Gift deeds, by definition, are transfers made for no consideration. To gift property to a donee, the donor may execute a quitclaim, special warranty, or warranty deed, depending on the level of protection they wish to provide. In general, though, gift deeds with full warranties are unusual; most donors choose either quitclaim or special warranty deeds.

Quitclaim deeds transfer the owner's property rights to the recipient with no assurances about the status of the title, or even a guarantee that they have actually own the property. Special warranty deeds confirm that the donor owns the property, has the right to transfer it, and will defend the donee against claims on the title that relate to their period of ownership.

For a gift deed to be valid, the grantor must intend to make a gift of the property, deliver the property to the grantee, and the grantee must accept the gift. It must contain language that explicitly states no consideration is expected or required. 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.

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 manner of vesting title. 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.

The granting party must sign the deed in the presence of an authorized official before filing the deed in the Clerk of Court's office in the independent city or county in which the property is situated. If married, the non-owning spouse should sign as an additional grantor to waive any interest in the estate. Gift deeds must meet all state and local standards for recorded documents. Some jurisdictions in Virginia require a cover page for recording. Generate the cover sheet online and submit it when recording (see supplemental forms). Contact the local recording office with questions.

Deeds of gift are exempt from recordation taxes under Va. Code 58.1-811(D). The deed must state on its face that the transfer is exempt from the tax.

Virginia does not levy a state gift tax, but the grantor must pay the Federal Gift Tax. 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. As of 2020, individuals are permitted an annual exclusion of $15,000 on gifts. If there is any question about the gift's value, or if it is close to the exclusion limit, the grantor may wish to consider filing a Form 709 for the federal tax. Ask the local tax assessor or another tax professional for guidance.

With gifts of real property, the recipient (grantee) is not required to declare the amount of the gift as income, but if the property accrues income (such as rent) after the transaction, the recipient is responsible for paying associated state and federal income taxes. Note that the grantee, as the new owner, also becomes responsible for local property taxes and maintaining other agreements and restrictions associated with the property.

This article is provided for informational purposes only and is not a substitute for professional legal advice. Contact an attorney with questions about gift deeds or for any other issues related to the transfer of real property in the Commonwealth of Virginia.

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Save Time and Money

Get your Albemarle County Gift Deed Special Warranty 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.

Our Promise

The documents you receive here will meet, or exceed, the Albemarle County recording requirements for formatting. If there's an issue caused by our formatting, we'll make it right and refund your payment.

Customer Reviews:

4.8 out of 5 (3111 Reviews)

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November 27th, 2021

Name: Sheryl G.

Review: Simple way to complete documents with very detailed instructions. And to be able to e-file them is great too.

Reply from Staff on November 27th, 2021

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November 26th, 2021

Name: Susan S.

Review: What a delight to find this Website. Professionally done and easy to work with.

Reply from Staff on November 26th, 2021

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November 25th, 2021

Name: Gerald M.

Review: So easy to do. The examples and guides are well worth the few $$ this cost. Highly recommend!!

Reply from Staff on November 25th, 2021

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November 24th, 2021

Name: Walter K.

Review: Works ok but could have more specific information. My wife and I both own the Quit Claim property, should we both sign as Grantors?

Reply from Staff on November 24th, 2021

Thank you!

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November 23rd, 2021

Name: Gail J.

Review: Great! Got the document I needed

Reply from Staff on November 23rd, 2021

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November 23rd, 2021

Name: Julie A.

Review: This process was so easy. I am pleased with efficiency and ease of it all.

Reply from Staff on November 23rd, 2021

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November 23rd, 2021

Name: Mary-Ann K.

Review: Very pleasantly pleased so far. Hope to hear from the town registrar Transfer On Death Deed accepted. Wish all legal proceedings were so simple . . .

Reply from Staff on November 23rd, 2021

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November 22nd, 2021

Name: Donna R.

Review: Hi! Is there a setting that I can click on that will make sure I'm notified via email when an update is made to my requests? Thank you!

Reply from Staff on November 22nd, 2021

Thanks for your feedback, we'll have someone look into it.

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November 22nd, 2021

Name: Donna M.

Review: Appreciated the ability to not only download the form but the instruction's AND a sample.

Reply from Staff on November 22nd, 2021

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November 22nd, 2021

Name: Rosie R.

Review: LOVE THIS!! I am a REALTORand from time to time I have had to take documents for filing. I'm so glad I invested some time online researching eFiling services. The first few search results that populated required an expensive annual or monthly subscription. Luckily I continued to scroll and found Deeds.com. No annual or monthly subscription required. Just pay per use. I uploaded a ROL late one night and Deed.com had it eFiled the very next morning!!! They keep you updated throughout the process via email notifications which you click on the link provided in the email that directs you to your online portal to view the status and once your documents have been filed you can immediately download the filed of record documents including the receipt from the county in which the documents were filed. SO SIMPLE, CONVENIENT, & QUICK-THANK YOU DEEDS.com!!!

Reply from Staff on November 22nd, 2021

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