Upshur County Gift Deed Form

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

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

Upshur 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
Immediate Download • Secure Checkout
Additional West Virginia and Upshur County documents included at no extra charge:
Where to Record Your Documents
Upshur County Clerk
Buckhannon, West Virginia 26201
Hours: 8:00 to 4:30 M-F
Phone: (304) 472-1068
Recording Tips for Upshur County:
- Ensure all signatures are in blue or black ink
- Verify all names are spelled correctly before recording
- Recorded documents become public record - avoid including SSNs
- Recording fees may differ from what's posted online - verify current rates
- Avoid the last business day of the month when possible
Cities and Jurisdictions in Upshur County
Properties in any of these areas use Upshur County forms:
- Adrian
- Buckhannon
- Cleveland
- French Creek
- Frenchton
- Kanawha Head
- Lorentz
- Rock Cave
- Selbyville
- Tallmansville
Hours, fees, requirements, and more for Upshur County
How do I get my forms?
Forms are available for immediate download after payment. The Upshur 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 Upshur County?
Yes. Our form blanks are guaranteed to meet or exceed all formatting requirements set forth by Upshur 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 Upshur 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 Upshur County?
Recording fees in Upshur County vary. Contact the recorder's office at (304) 472-1068 for current fees.
Questions answered? Let's get started!
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)
Important: Your property must be located in Upshur County to use these forms. Documents should be recorded at the office below.
This Gift Deed meets all recording requirements specific to Upshur County.
Our Promise
The documents you receive here will meet, or exceed, the Upshur 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 Upshur 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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January 11th, 2019
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