Kanawha County Gift Deed Forms (West Virginia)

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Form Package

Gift Deed

State

West Virginia

Area

Kanawha County

Price

$27.97

Delivery

Immediate Download

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More info on getting a copy of your existing deed and eRecording.

Included Forms

All Kanawha County specific forms and documents listed below are included in your immediate download package:

Gift Deed Form

Gift Deed Form

Fill in the blank form formatted to comply with all recording and content requirements.
Included document last reviewed/updated 4/3/2024

Gift Deed Guide

Gift Deed Guide

Line by line guide explaining every blank on the form.
Included document last reviewed/updated 4/2/2024

Completed Example of the Gift Deed Document

Completed Example of the Gift Deed Document

Example of a properly completed form for reference.
Included document last reviewed/updated 3/14/2024

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 West Virginia or Kanawha 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 Kanawha 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 Kanawha 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 Kanawha County that you need to transfer you would only need to order our forms once for all of your properties in Kanawha County.

Are these forms guaranteed to be recordable in Kanawha County?

Yes. Our form blanks are guaranteed to meet or exceed all formatting requirements set forth by Kanawha 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:

  • Kanawha County

Including:

  • Alum Creek
  • Belle
  • Blount
  • Blue Creek
  • Cabin Creek
  • Cedar Grove
  • Charleston
  • Clendenin
  • Dawes
  • Drybranch
  • Dunbar
  • East Bank
  • Elkview
  • Eskdale
  • Falling Rock
  • Gallagher
  • Glasgow
  • Handley
  • Hansford
  • Hernshaw
  • Hugheston
  • Institute
  • London
  • Mammoth
  • Miami
  • Nitro
  • Pinch
  • Pond Gap
  • Pratt
  • Saint Albans
  • Tad
  • Tornado
  • Winifrede

What is the West Virginia Gift Deed

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).

In order for a gift deed to be valid they 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 West Virginia residential property, the primary methods for holding title in co-ownership are tenancy in common and joint tenancy. A grant of ownership of real estate to two or more persons is presumed to create a tenancy in common, unless a right of survivorship is clearly stated in the conveyance (W. Va. Code 36-1-10 onward).

As with any conveyance of real estate, a gift deed requires a complete legal description of the parcel. Any survey document that a deed references should be prepared by a licensed surveyor and filed with a county clerk, and must also have the licensed surveyor's signature and seal or stamp affixed thereto (W. Va. Code 39-1-2c). Recite the source of title to establish a clear chain of title, and detail any restrictions associated with the property.

In West Virginia, the fee to record a deed of conveyance (without a plat) is $15 for the first five pages and $1 for each additional page. A preservation fee is added to every recorded instrument and is $1 for documents with 1-9 pages, $2 for documents with 10-19 pages, and an additional $1 for every ten pages (W. Va. Code 59-1-10)

Every person who records a document in West Virginia is subject to pay a state excise tax when transferring title to real estate. The rate of the combined state and county excise tax is $4.40 for each $1,000 of value and is payable upon recording. The payment of the tax is evidenced by the affixing of documentary stamps on the document. Copies are $1.50 for the first two pages and $1 for each additional page. To certify a copied document costs an additional $1 (per document). All documents not listed are $10 for the first 5 pages and $1 for each additional page. Pages with printing on both sides will count as two pages (W. Va. Code 11-22-2).

The grantor is responsible for paying 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. 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. However, 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 West Virginia, there is no state gift tax. For questions regarding state taxation laws, consult a tax specialist. Gifts of real property in West Virginia are, however, subject to the federal gift tax. The grantor is responsible for paying the federal gift tax; 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

(West Virginia Gift Deed Package includes form, guidelines, and completed example)

Our Promise

The documents you receive here will meet, or exceed, the Kanawha 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 Kanawha 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.

Reply from Staff

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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.

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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.

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Willie S.

January 5th, 2021

So easy and fast. Since covid-19 is here, this option is perfect.

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Robert H.

January 10th, 2024

Easy to use and understand. I am glad to have found this resource.

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Marilyn C.

April 6th, 2020

My document got recorded right away. Thank you! Will use again in the future when needed.

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Dawn W.

April 21st, 2023

wonderful help!!!

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Peter N.

March 21st, 2020

Your website was easy to use and I was able to accomplish my task. Thank You very much.

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Lucus S.

May 19th, 2022

I tried to do it myself by copying an old deed and ended up with a bunch of headaches (expensive ones) wish I would have used these documents first. Live and learn.

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PAUL B.

August 18th, 2023

Very fast and efficient reply

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Sandra C.

December 30th, 2020

Quick and easy. Would recommend this site to everyone. Deed was sent to the site and recorded at my local county within 24 hours. Website could be set up better. Not labeled well for us that is not computer savvy.

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Teresa H.

March 14th, 2019

I loved that there was a sample with the downloads. It made it much easier to fill out the document correctly.

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Thank you Teresa, have a great day!

Connie L.

January 20th, 2024

Ordered a Quitclaim deed and worked perfectly at Register of Deed office. Liked the instructions and copy of one example filled out made it so much easier to understand. One price is great as most of other companies wanted a membership to join. Will use Deeds.com again if I ever need different forms. Thanks!!!

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We are grateful for your feedback and looking forward to serving you again. Thank you!

Keri C.

June 10th, 2020

It was confusing at first, but the customer service was excellent and fast and I got everything taken care of right away. I'll use Deeds.com even after the recorder's office is open to the public.

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patricia w.

August 5th, 2022

Fast, easy download of forms needed.
Thank you, Deeds.com

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