Wayne County Gift Deed Form (West Virginia)
All Wayne County specific forms and documents listed below are included in your immediate download package:
Gift Deed Form
Fill in the blank form formatted to comply with all recording and content requirements.
Included Wayne County compliant document last validated/updated 9/11/2024
Gift Deed Guide
Line by line guide explaining every blank on the form.
Included Wayne County compliant document last validated/updated 9/25/2024
Completed Example of the Gift Deed Document
Example of a properly completed form for reference.
Included Wayne County compliant document last validated/updated 9/11/2024
The following West Virginia and Wayne County supplemental forms are included as a courtesy with your order:
When using these Gift Deed forms, the subject real estate must be physically located in Wayne County. The executed documents should then be recorded in the following office:
Wayne County Clerk
Courthouse - 700 Hendricks St / PO Box 248, Wayne, West Virginia 25570
Hours: 8:00 to 4:00 M-W, F; Th until 7:00
Phone: (304) 272-6362
Local jurisdictions located in Wayne County include:
- Ceredo
- Crum
- Dunlow
- East Lynn
- Fort Gay
- Genoa
- Huntington
- Kenova
- Kiahsville
- Lavalette
- Prichard
- Shoals
- Wayne
- Wilsondale
How long does it take to get my forms?
Forms are available immediately after submitting payment.
How do I get my forms, are they emailed?
Immediately after you submit payment, the Wayne 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 provided to you. If you encounter any issues accessing your forms, please reach out to our support team for assistance. Forms are NOT emailed to you.
What does "validated/updated" mean?
This indicates the most recent date when at least one of the following occurred:
- Updated: The document was updated or changed to remain compliant.
- Validated: The document was examined by an attorney or staff, or it was successfully recorded in Wayne County using our eRecording service.
Are these forms guaranteed to be recordable in Wayne County?
Yes. Our form blanks are guaranteed to meet or exceed all formatting requirements set forth by Wayne County including margin requirements, content requirements, font and font size requirements.
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 Wayne County that you need to transfer you would only need to order our forms once for all of your properties in Wayne County.
What are supplemental forms?
Often when a deed is recorded, additional documents are required by West Virginia or Wayne 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.
What type of files are the forms?
All of our Wayne 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.
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.
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.
Are there any recurring fees involved?
No. Nothing to cancel, no memberships, no recurring fees.
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 Wayne 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 Wayne 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.
4.8 out of 5 - ( 4409 Reviews )
Cynthia E.
October 12th, 2024
Disappointed that you were not able to provide me with the information requested. They did issue a refund but I don’t think it’s come through yet.
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SHERRILL B.
October 10th, 2024
I received prompt attention to the package I submitted. It was submitted promptly the recorders office with a quick turn around for the recorded document. Overall a very pleasant experience.
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Solomon L.
October 10th, 2024
Great communication, this was my first e-recording.
Your feedback is greatly appreciated. Thank you for taking the time to share your experience!
Robert F.
January 19th, 2019
Came with all the paperwork that I needed plus a lot more paperwork than what I needed. Covered all the bases! The instructions were a big help. Easy fill in the blanks. Had no problem filing the paperwork afterword at the County Clerks office. Definitely worth the $20.
Thanks Robert. We appreciate you taking the time to give us your feedback. Have a fantastic day!
Tajsha N.
February 24th, 2023
I would absolutely use this service again. It was very convenient and I was pleasantly surprised at how responsive the staff was letting me know updates to my recording package. Also, my documents recorded immediately. I did have trouble uploading my document in the beginning because I didn't realize it had to be a pdf file. Once I figured that out, it was immediately accepted. Great service!
We appreciate your business and value your feedback. Thank you. Have a wonderful day!
Ron M.
December 2nd, 2020
The download of forms, etc. was easy and the guides that were provided were good, but more information would have been nice as to where to find tax map #, parcel #, and district mentioned in Exemptions from Property Transfer Fees (and Declaration of Consideration or Value.
In general, I was quite pleased with your product.
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FELISA J.
December 18th, 2019
I liked the ease of locating the document I needed and the sample document was extremely helpful. I would have liked the acknowledgement to be on the same page as the rest of the document. It costs for each page recorded.
We appreciate your business and value your feedback. Thank you. Have a wonderful day!
William B.
October 22nd, 2023
The forms, and other information, are all excellent.rnI would be giving a 5-star review if it were not for the fact that downloading a "bundle" about quitclaim deeds required I download every single file independently (15 files). I would far prefer a zip file, or one click to download the whole pile of independent files.
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Robert H.
August 30th, 2019
I found the site to be easy to use and the information very helpful.
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Tracey P.
December 24th, 2021
As always, amazing forms and information. A must have for anyone doing it themselves. Everything is available to make it happen but if you need a lot of hand holding you might want to look into a more full service option.
Thank you for your feedback. We really appreciate it. Have a great day!
Katherine W.
January 24th, 2019
I was impressed by the completeness of the package of forms PLUS instructions. Particularly helpful is the filled in sample, which enables you to see what a correct, completed deed ought to look like.
We appreciate your business and value your feedback. Thank you. Have a wonderful day!
Heidi G.
August 19th, 2020
Very happy with the service that you offer. My office will use you again.
Great to hear Heidi, glad we could help. Have an amazing day!
Anitra C.
July 10th, 2021
This was so easy and the instructions were great.
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Daniel L.
February 11th, 2022
You could make instructions clearer on the download process and when download is complete. You could also group things together for 1 or 2 "big" downloads.
Thank you for your feedback. We really appreciate it. Have a great day!
terrence h.
October 14th, 2023
Professional
Thank you!