Sierra County Gift Deed Form (New Mexico)
All Sierra 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 Sierra County compliant document last validated/updated 10/30/2024
Gift Deed Guide
Line by line guide explaining every blank on the form.
Included Sierra County compliant document last validated/updated 10/29/2024
Completed Example of the Gift Deed Document
Example of a properly completed form for reference.
Included Sierra County compliant document last validated/updated 10/8/2024
The following New Mexico and Sierra 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 Sierra County. The executed documents should then be recorded in the following office:
Sierra County Clerk
100 North Date St, Truth or Consequences, New Mexico 87901
Hours: 8:00 to 5:00 M-F
Phone: (575) 894-2840
Local jurisdictions located in Sierra County include:
- Arrey
- Caballo
- Derry
- Elephant Butte
- Hillsboro
- Monticello
- Truth Or Consequences
- Williamsburg
- Winston
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 Sierra 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 Sierra County using our eRecording service.
Are these forms guaranteed to be recordable in Sierra County?
Yes. Our form blanks are guaranteed to meet or exceed all formatting requirements set forth by Sierra 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 Sierra County that you need to transfer you would only need to order our forms once for all of your properties in Sierra County.
What are supplemental forms?
Often when a deed is recorded, additional documents are required by New Mexico or Sierra 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 Sierra 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 New Mexico
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 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 New Mexico residential property, the primary methods for holding title are tenancy in common, joint tenancy, and community property. A grant of ownership of real estate to two or more unmarried persons is presumed to create a tenancy in common, unless a joint tenancy is expressly created in the conveyance. Typically, property conveyed to spouses vests as community property. Real estate acquired by either spouse by gift, however, vests as separate property, and does not automatically vest as community property (NMSA 40-3-8).
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. Unless exempt from filing a Real Property Transfer Affidavit, file the form with the assessor's office within 30 days of recording the deed. A list of exemptions can be found in NMSA 7-38-12.1(D). Record the completed deed at the local County Clerk'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 New Mexico 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 New Mexico, 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
(New Mexico Gift Deed Package includes form, guidelines, and completed example)
Our Promise
The documents you receive here will meet, or exceed, the Sierra 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 Sierra 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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Susan H.
November 10th, 2024
I used the quitclaim deed form, it was easy to fill out, had notarized and was accepted by the county's recorders office. Having a example form made it so much easier to fill out.
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November 8th, 2024
I truly appreciate the service that you have for the customers. This very convenient and easy to follow. Thank you very much for this service.
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November 8th, 2024
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January 15th, 2019
HAD WRONG PASSWORD; PROGRAM MADE CHANGE EASY.
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Jesse H.
November 8th, 2021
Good & friendly software, complete & clear instructions & guidance, generates proper forms that were readily accepted @ Clerk & Recorder Office, all of this @ reasonable cost. Five Stars!
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July 18th, 2024
Easy site to work with.
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April 4th, 2019
Very quick, easy and readily available forms. No wait, no advertisements, no pressure to purchase MORE. I expected to only get part of the information I needed, and for there to be a hidden cost to get the complete package, but surprisingly, I got immediate access to all the forms I ordered, AND THERE WERE NO ADDITIONAL HIDDEN COSTS! How refreshing!
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September 16th, 2021
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February 22nd, 2020
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Earnestine C.
September 4th, 2019
Informative and instruction clear and concise, which made it easy for a person without real estate knowledge to acquire needed information. Thank you.
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David G.
April 25th, 2019
Thanks got what I needed
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Beverly M.
January 5th, 2019
GREAT FORMS. THANK YOU.
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Paul F.
December 26th, 2018
Excellent - no reservations. I used them on a Sunday and had my info on Monday. Not only did they execute the order flawlessly, the fixed my screw up* immediately. *I hit refresh before the "secured" page transmitted, so I created (2) two orders of the same item.
Thanks for the review Paul, glad you were happy with the service and staff. Our staff is pretty good at catching the few duplicate orders that get through.
Steven T.
August 1st, 2022
I needed the deed forms for setting up our living trust. It appears this will do the trick! Steve
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Don M.
February 17th, 2023
The process was easy going. The process is one thing, the results another. I have attempting to resolve this matter, of claiming sole ownership of the property for several YEARS. I lost my Bride of 65 years in 2015. A lawyer I hired failed in his attempt, so I'm waiting to see the actual results.
I also have two parcels in New Mexico under the same situation, so if this is successful, I'll gladly be back. Thank You so very much. Don Martin
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