Park County Gift Deed Form (Montana)

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

Gift Deed Form

Park County Gift Deed Form

Fill in the blank form formatted to comply with all recording and content requirements.
Included Park County compliant document last validated/updated 10/28/2024

Gift Deed Guide

Park County Gift Deed Guide

Line by line guide explaining every blank on the form.
Included Park County compliant document last validated/updated 10/16/2024

Completed Example of the Gift Deed Document

Park County Completed Example of the Gift Deed Document

Example of a properly completed form for reference.
Included Park County compliant document last validated/updated 11/1/2024

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

Park County Clerk / Recorder

414 East Callender St, Livingston , Montana 59047

Hours: 8:00am-5:00pm M-F

Phone: 406-222-4110

Local jurisdictions located in Park County include:

  • Clyde Park
  • Cooke City
  • Emigrant
  • Gardiner
  • Livingston
  • Pray
  • Silver Gate
  • Springdale
  • Wilsall

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

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

What are supplemental forms?

Often when a deed is recorded, additional documents are required by Montana or Park 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 Park 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 Montana

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).

Valid deeds 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. Gift deeds 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 must also include 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 Montana residential property, the primary methods for holding title 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 otherwise stated in the conveyance (Mont. Code Ann. 70-1-307, 70-1-314).

As with any conveyance of real estate, a gift deed requires a complete legal description of the parcel. Recite the source of title to establish a clear chain of title, and detail any restrictions associated with the property. Any party transferring real property is required to file a Realty Transfer Certificate. File the form with the County Clerk and Recorder. Montana law requires this form be completed and may impose up to a $500 penalty for failure to file (Mont. Code Ann. 15-7-305). The Realty Transfer Certificate includes a Water Rights Disclosure. Contact the Montana Department of Revenue with questions regarding the transfer, division, or exemption of water rights. Record the completed deed at the local County Clerk and Recorder of Deed's office.

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. Gifts of real property in Montana are subject to this federal gift tax. 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, grantors should consider filing one for many gifts of real property [2]. 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].

In Montana, there is no state gift tax. For questions regarding state taxation laws, consult a tax specialist.

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

(Montana GD Package includes form, guidelines, and completed example)

Our Promise

The documents you receive here will meet, or exceed, the Park 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 Park 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 - ( 4437 Reviews )

Jubal T.

November 27th, 2024

This is the most comprehensive, helpful real estate tool I have seen. I was at first worried because the 330# didn’t have live operators but I received messages in my account as quickly as a conversation had by text and was able to download a deed and record it the same day in a county 1,300 miles away. Highly recommended!

Reply from Staff

We are sincerely grateful for your feedback and are committed to providing the highest quality service. Thank you for your trust in us.

Michael S.

November 27th, 2024

Recording a Warranty Deed with Mohave County AZ was easy and efficient by using Deeds.com. I will be using their service for all of my e-filing going forward. Thank you Deeds.com!!!!

Reply from Staff

We are delighted to have been of service. Thank you for the positive review!

Zennell W.

November 24th, 2024

Quick fast and easy transaction.

Reply from Staff

We are grateful for your feedback and looking forward to serving you again. Thank you!

Alma S.

May 6th, 2020

I like the service very much, it's easy and fast, I'm really happy with the service.

Reply from Staff

Thank you!

Melody P.

May 13th, 2021

Thank you for getting our docs recorded so quickly and efficiently! Great and dependable service, as always!

Reply from Staff

We appreciate your business and value your feedback. Thank you. Have a wonderful day!

Darrell C.

March 26th, 2022

Excellent Service

Reply from Staff

Thank you!

Lowell P.

May 26th, 2020

Exceptionally helpful instruments that are compliant with State law and anticipate various contingencies. Very pleased.

Reply from Staff

Thank you for your feedback. We really appreciate it. Have a great day!

Gary K.

November 15th, 2019

Straightforward and pretty easy to use. The only downside is that there is no way to contact them directly. The number on the website is answered only by a voicemail with no return calls.

Pricing seems fair compared to other services and much more efficient that filing "over the counter."

Reply from Staff

Thank you for your feedback. We really appreciate it. Have a great day!

Elizabeth M.

August 18th, 2021

So fare easy and straight forward

Reply from Staff

Thank you for your feedback. We really appreciate it. Have a great day!

Michael L.

April 25th, 2024

Professional, simple. Very good.

Reply from Staff

We appreciate your business and value your feedback. Thank you. Have a wonderful day!

Beverly R.

February 2nd, 2022

This was a wonderful experience, easy fast and convenient.
Thank you for all your help.

Reply from Staff

We appreciate your business and value your feedback. Thank you. Have a wonderful day!

Julie P.

June 30th, 2024

Quick & easy to use. Spoke a lawyer and saved hundreds by doing it myself.

Reply from Staff

Thank you for your feedback Julie, we appreciate you.

Eric L.

June 28th, 2021

This is a great service. The fact that there are no recurring fees and all of the supporting documents as well as the main warranty deed is another excellent feature. Highly recommend

Reply from Staff

Thank you for your feedback. We really appreciate it. Have a great day!

Mary G.

March 7th, 2021

Deeds.com
was a fast and easy site to use
the staff answered my questions online efficiently

Reply from Staff

Thank you!

BARBARA S.

November 22nd, 2020

Easy to use; great back-up documentation; reasonably priced.

Reply from Staff

We appreciate your business and value your feedback. Thank you. Have a wonderful day!