Saint Mary Parish Gift Deed Form (Louisiana)
All Saint Mary Parish 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 Saint Mary Parish compliant document last validated/updated 8/30/2024
Gift Deed Guide
Line by line guide explaining every blank on the form.
Included Saint Mary Parish compliant document last validated/updated 7/3/2024
Completed Example of the Gift Deed Document
Example of a properly completed Louisiana Gift Deed document for reference.
Included Saint Mary Parish compliant document last validated/updated 9/20/2024
The following Louisiana and Saint Mary Parish 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 Saint Mary Parish. The executed documents should then be recorded in the following office:
Saint Mary Parish Clerk of Court
500 Main St, 2nd floor / PO Box 1231, Franklin, Louisiana 70538
Hours: 8:30 to 4:30 M-F
Phone: (337) 828-4100 x200
Local jurisdictions located in Saint Mary Parish include:
- Amelia
- Baldwin
- Berwick
- Centerville
- Charenton
- Franklin
- Garden City
- Morgan City
- Patterson
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 Saint Mary Parish 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 Saint Mary Parish using our eRecording service.
Are these forms guaranteed to be recordable in Saint Mary Parish?
Yes. Our form blanks are guaranteed to meet or exceed all formatting requirements set forth by Saint Mary Parish 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 Saint Mary Parish that you need to transfer you would only need to order our forms once for all of your properties in Saint Mary Parish.
What are supplemental forms?
Often when a deed is recorded, additional documents are required by Louisiana or Saint Mary Parish. 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 Saint Mary Parish 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 Louisiana
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 realty 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 Louisiana residential property, "ownership of the same thing by two or more persons is ownership in indivision. In the absence of other provisions of law or judicial act, the shares of all co-owners are presumed to be equal" (La. Civ. Code 797). Community property is defined as property obtained by one or both spouses during their marriage (La. Civ. Code 2338). With community property, "each spouse owns a present undivided one-half interest" (La. Civ. Code 2336). For conveyances of real property to co-owners, consult any extant co-ownership agreement. If conveying to multiple persons without an existing agreement, contact an attorney to discuss titling options.
As with any conveyance of realty, a gift deed requires a complete legal description of the subject parcel. If the conveyance includes any new plat or survey information, it must be signed and sealed by a licensed professional land surveyor (La. Rev. Stat. 44:41). Recite the prior deed reference to maintain a clear chain of title, and detail any restrictions associated with the property.
The deed must be signed by the grantor and acknowledged by an authorized individual. In Louisiana, two witness signatures, not including the notary, are also required for an authentic act (La. Civ. Code 1833). All signatures must be original. Some parishes require that additional documents be submitted with the instrument for recording. Check cover sheet requirements with the relevant clerk of court prior to submitting the deed for recording.
Record the completed gift deed with the clerk of court's office in the parish 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 taxes [1].
In Louisiana, there is no state gift tax, but gifts of real property are 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). However, if the gift's value could possibly be disputed by the IRS, a donor may benefit from filing a Form 709 [2].
This article is provided for informational purposes only and is not a substitute for the advice of an attorney. Contact a Louisiana lawyer with any questions about gift deeds or other matters related to 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
(Louisiana Gift Deed Package includes form, guidelines, and completed example)
Our Promise
The documents you receive here will meet, or exceed, the Saint Mary Parish 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 Saint Mary Parish 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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March 17th, 2021
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