All Pendleton County specific forms and documents listed below are included in your immediate download package:
The Following West Virginia and Pendleton County supplemental forms are included as a courtesy with your order.
Declaration of Consideration (West Virginia Document)
Sales Listing Form (West Virginia Document)
Instructions for Sales Listing Form (West Virginia Document)
Certificate of Acknowledgment - Individual (West Virginia Document)
Certificate of Acknowledgment - Representative (West Virginia Document)
Verification of an Oath - Jurat (West Virginia Document)
Including:
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
The documents you receive here will meet, or exceed, the Pendleton 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 Pendleton 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.
March 27th, 2023
Name: Melody M.
Review: Thank you Deeds.com for making our Quit Deed process easy and efficient. The instructions and example forms are a must! Excellent value for the price.
Reply from Staff on March 27th, 2023
Thank you for your feedback. We really appreciate it. Have a great day!
March 27th, 2023
Name: Joan B.
Review: So quick and easy! No searching for a parking place or waiting in line. Thank you!
Reply from Staff on March 27th, 2023
We appreciate your business and value your feedback. Thank you. Have a wonderful day!
March 27th, 2023
Name: Clarence R.
Review: service from your team was quick and very accurate. My experience was excellent.
Reply from Staff on March 27th, 2023
Thank you!
Name: Theresa B.
Review: Will review after I attempt to complete. I like your site. Im very nervous to try this Hope not outdated information. Will let you know if filing goes okay.
Reply from Staff
Thank you!
Name: Patricia A.
Review: This service was a godsend since I am currently disabled.
Reply from Staff
We appreciate your business and value your feedback. Thank you. Have a wonderful day!
Name: Misty M.
Review: I appreciate the Guide and the Sample pages.
Reply from Staff
Thank you!
Name: Diane O.
Review: Filling out forms was easy....so far, I am happy !
Reply from Staff
We appreciate your business and value your feedback. Thank you. Have a wonderful day!
Name: Cleatous S.
Review: The deed form is hard to fill in. There is no way to fill in the county in the "reviewed by" section. Also, there is no place for the Grantee's address on the form. I had to include it in the fill-in space for the legal description.
Reply from Staff
Thank you!
Name: Kimberly H.
Review: Very fast and easy to use!
Reply from Staff
Thank you Kimberly. Have a fantastic day.
Name: Robert P.
Review: Excellent product. Wish I had found this site a week earlier. It would have saved me many hours of struggle and $40.00 in notary fees. Thanks and I will recommend to anyone needing forms.
Reply from Staff
Thank you for your feedback. We really appreciate it. Have a great day!
Name: Matt G.
Review: The process went smoothly and gave me what I needed. As an improvement, I would recommend that deeds.com sends an email when there is a new message in the portal. I didn't get any updates and had to log in to track progress each time.
Reply from Staff
Thank you for your feedback. We really appreciate it. Have a great day!
Name: Miles B.
Review: Fast, professional work at a great price.
Reply from Staff
We appreciate your business and value your feedback. Thank you. Have a wonderful day!
Name: Tommy P.
Review: This was simple! Thank you!
Reply from Staff
Thank you!
Name: Rick L.
Review: I love it! Very convenience.
Reply from Staff
Thank you!
Name: Kristine S.
Review: Thank you! You made the process of filing something unusual very easy and efficiently. I will definitely recommend you and be back for my future recording needs.
Reply from Staff
We appreciate your business and value your feedback. Thank you. Have a wonderful day!