Mchenry County Gift Deed Form (Illinois)

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

Gift Deed Form

Mchenry County Gift Deed Form

Fill in the blank form formatted to comply with all recording and content requirements.
Included Mchenry County compliant document last validated/updated 11/11/2024

Gift Deed Guide

Mchenry County Gift Deed Guide

Line by line guide explaining every blank on the form.
Included Mchenry County compliant document last validated/updated 11/12/2024

Completed Example of the Gift Deed Document

Mchenry County Completed Example of the Gift Deed Document

Example of a properly completed form for reference.
Included Mchenry County compliant document last validated/updated 7/3/2024

When using these Gift Deed forms, the subject real estate must be physically located in Mchenry County. The executed documents should then be recorded in one of the following offices:

Walk-In: Administration Building

667 Ware Road, Rm 109, Woodstock, Illinois 60098

Hours: 8:30am to 4:30pm M-F

Phone: (815) 334-4110

Mail-To: McHenry County Recorder

Government Center, 2200 N. Seminary Ave, Woodstock, Illinois 60098

Hours:

Phone:

Local jurisdictions located in Mchenry County include:

  • Alden
  • Algonquin
  • Cary
  • Crystal Lake
  • Fox River Grove
  • Harvard
  • Hebron
  • Huntley
  • Lake In The Hills
  • Marengo
  • Mchenry
  • Richmond
  • Ringwood
  • Spring Grove
  • Union
  • Wonder Lake
  • Woodstock

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 Mchenry 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 Mchenry County using our eRecording service.
Are these forms guaranteed to be recordable in Mchenry County?

Yes. Our form blanks are guaranteed to meet or exceed all formatting requirements set forth by Mchenry 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 Mchenry County that you need to transfer you would only need to order our forms once for all of your properties in Mchenry County.

What are supplemental forms?

Often when a deed is recorded, additional documents are required by Illinois or Mchenry 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 Mchenry 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.

Gifts of Real Property in Illinois

Gift deeds convey title to real property from one party to another with no exchange of consideration, monetary or otherwise. Often used to transfer property between family members or to gift property as a charitable act or donation, these conveyances occur during the grantor's lifetime. Gift deeds must contain language that explicitly states that no consideration is expected or required. Ambiguous language or references to any type of consideration can make the gift deed contestable in court.

A lawful gift deed includes the grantor's full name and marital status, as well as the grantee's full name, marital status, vesting information, and mailing address. Vesting describes how the grantee holds title to the property. Generally, real property is owned in either sole ownership or co-ownership. For Illinois residential property, the primary methods for holding title are tenancy in common, joint tenancy, and tenancy by the entirety. An estate conveyed to two or more unmarried persons is considered a tenancy in common, unless otherwise specified (765 ILCS 1005/1). A conveyance to a married couple vests as tenancy by entirety unless otherwise specified (765 ILCS 1005/1c).

As with any conveyance of realty, a gift deed requires a complete legal description of the parcel. Recite the source of title to maintain a clear chain of title, and detail any restrictions associated with the property. In Illinois, if the signer is not personally known to the notarial officer, a witness must acknowledge and sign the deed (765 ILCS 5/24). All signatures must be original.

In Illinois, most conveyances of real property are subject to a Real Estate Transfer Tax and require a Real Estate Transfer Declaration (Form PTAX-203). However, because a gift deed transfers real property from one party to another with no exchange of valuable consideration, this type of conveyance is exempt from the tax and does not require a declaration (35 ILCS 200/31-45e). Record the completed gift deed with the recorder's office where the subject property is located. Contact the same office to confirm recording fees and accepted forms of payment.

With gifts of real property, the recipient of the gift (grantee or donee) is not required to declare the amount of the gift as income, but if the property accrues income after the transaction, the grantee is responsible for paying the requisite state and federal income tax [1].

In Illinois, there is no state gift tax. Gifts of real property in Illinois are, however, subject to the federal gift tax. The person or entity making the gift (grantor or donor) is responsible for paying the federal gift tax; however, if the donor does not pay the gift tax, the donee (grantee) will be held liable [1]. For questions regarding state and federal tax laws, consult a tax specialist.

In accordance with federal law, individuals are permitted an annual exclusion of $15,000 on gifts. This means that gifts valued below $15,000 do not require a federal gift tax return (Form 709). Even so, donors should consider filing one for many gifts of real property [2].

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

[1] http://msuextension.org/publications/FamilyFinancialManagement/MT199105HR.pdf

[2] https://www.irs.gov/businesses/small-businesses-self-employed/frequently-asked-questions-on-gift-taxes

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

Our Promise

The documents you receive here will meet, or exceed, the Mchenry 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 Mchenry 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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Dennis F.

December 20th, 2024

The release of mortgage form was OK, and accepted at the recorder's office, but there were some problems. Many of the fields to type in were too small to accept the data, and I could not find a way to change the field size or use a smaller font. Otherwise I was satisfied.

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December 19th, 2024

Deeds.com does a great job getting our legal documents filed with the D.C. Recorder of Deeds.rnrnFrazer Walton, Jr.rnLaw Office of Frazer Walton, Jr.

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December 16th, 2024

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February 11th, 2021

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Daniel D.

June 3rd, 2019


Easier than I expected. I followed the downloaded examples step by step, and before I knew it, the form was completed correctly and good to go.

Thank you,
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October 15th, 2024

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Phillip S.

February 14th, 2024

I used the Oklahoma Gift Deed transferring property intra-family, and found it easy to complete. I could not find an Oklahoma Affidavit for the new law re citizenship verification, 60 O.S. Sec 121 and found it at another site that was not a fill in online. Oh well. Site was easy to navigate.

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Geoffrey M.

February 17th, 2021

Very convenient online document recording with great and quick service. Thank you!

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A. S.

February 27th, 2019

First, I am glad that you gave a blank copy, an example copy, and a 'guide'. It made it much easier to do. Overall I was very happy with your products and organization... however, things got pretty confusing and I have a pretty 'serious' law background in Real Estate and Civil law. With that said, I spent about 10+ hours getting my work done, using the Deed of Trust and Promissory note from you and there were a few problems: First, it would be FANTASTIC if you actually aligned your guide to actually match the Deed or Promissory Note. What I mean is that if the Deed says 'section (E)' then your guide shouldn't be 'randomly' numbered as 1,2,3, for advice/instructions, but should EXACTLY match 'section (E)'. Some places you have to 'hunt' for what you are looking for, and if you did it based on my suggestion, you wouldn't need to 'hunt' and it would avoid confusion. 2nd: This one really 'hurt'... you had something called the 'Deed of Trust Master Form' yet you had basically no information on what it was or how to use it. The only information you had was a small section at the top of the 'Short Form Deed of Trust Guide'. Holy Cow, was that 'section' super confusing. I still don't know if I did it correctly, but your guide says only put a return address on it and leave the rest of the 16 or so page Deed of Trust beneath it blank... and then include your 'Deed of Trust' (I had to assume the short form deed that I had just created) as part of it. I had to assume that I had to print off the entire 17 page or so title page and blank deed. I also had to assume that the promissory note was supposed to be EXHIBIT A or B on the Short Form Deed. It would be great if someone would take a serious look at that short section in your 'Short Form Deed of Trust Guide' and realize that those of us using your products are seriously turning this into a county clerk to file and that most of us, probably already have a property that has an existing Deed... or at least can find one in the county records if necessary... and make sure that you make a distinction between the Deed for the property that already exists, versus the Deed of Trust and Promissory note that we are trying to file. Thanks.

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Malissa B.

May 1st, 2024

Fast response and quick delivery love it!

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