Albany County Gift Deed Form (New York)
All Albany 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 Albany County compliant document last validated/updated 10/30/2024
Gift Deed Guide
Line by line guide explaining every blank on the form.
Included Albany County compliant document last validated/updated 11/11/2024
Completed Example of the Gift Deed Document
Example of a properly completed form for reference.
Included Albany County compliant document last validated/updated 11/8/2024
The following New York and Albany 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 Albany County. The executed documents should then be recorded in the following office:
Albany County Clerk - County Courthouse
16 Eagle St, Rm 128, Albany, New York 12207-1077
Hours: 8:30am to 4:30pm M-F
Phone: (518) 487-5100
Local jurisdictions located in Albany County include:
- Albany
- Alcove
- Altamont
- Berne
- Clarksville
- Coeymans
- Coeymans Hollow
- Cohoes
- Delmar
- Dormansville
- East Berne
- Feura Bush
- Glenmont
- Guilderland
- Guilderland Center
- Knox
- Latham
- Medusa
- Newtonville
- Preston Hollow
- Ravena
- Rensselaerville
- Selkirk
- Slingerlands
- South Bethlehem
- Troy
- Voorheesville
- Watervliet
- Westerlo
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 Albany 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 Albany County using our eRecording service.
Are these forms guaranteed to be recordable in Albany County?
Yes. Our form blanks are guaranteed to meet or exceed all formatting requirements set forth by Albany 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 Albany County that you need to transfer you would only need to order our forms once for all of your properties in Albany County.
What are supplemental forms?
Often when a deed is recorded, additional documents are required by New York or Albany 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 Albany 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.
Gifting Real Estate in New York
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 (not a post office box), and vesting. Vesting describes how the grantee holds title to the property. For New York residential property, the primary methods for holding title are tenancy in common, joint tenancy, and tenancy by entirety. A grant of ownership of real estate to two or more unmarried persons is presumed to create a tenancy in common, unless expressly stated otherwise in the conveyance. In the case of married persons, a tenancy by entirety is presumed (E.P.T. Law 6-2.1, 6-2.2).
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. File the completed deed in the land records at the local recording office. Most counties require a recording cover page to accompany all documents submitted for recording, available on the local county clerk's website.
The IRS levies 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 York 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 York, 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 York Gift Deed Package includes form, guidelines, and completed example)
Our Promise
The documents you receive here will meet, or exceed, the Albany 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 Albany 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 - ( 4434 Reviews )
James S.
November 21st, 2024
Forms used, created quitclaim deed that the county accepted without a second look (turns out they see deeds.com forms regularly via erecording and in person). Will be back for any real estate related forms I need and they carry. Will always be my first stop. Also, will use erecording next time, mad I didn't see it this time.
Thanks for the kind words James, glad we could help. Look forward to seeing you again.
Thomas G.
November 21st, 2024
Wasn’t what I expected
Sorry to hear that your expectations were missed. Your order has been canceled. We do hope that you find something more suitable to your expectations elsewhere. Do keep in mind that purchasing legal forms should not be an exploratory endeavor.
Jimmy P.
November 20th, 2024
They sent me everything I would need to do this. Easy purchase -Easy download. Great!! I'll be back here for all my document needs.
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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.
Thank you for your feedback. We'll have staff review the document for clarity. Have a great day!
Daniel A.
April 25th, 2022
First time using Deeds.com. Downloaded the PDF forms for creating an Illinois Mortgage and Promissory Note. Filled them out, saved them, and printed them out. Going to send them to my Title Company for closing on a property. Save a bunch of money on not have to pay lawyer fees for creating the same legal documents that Deeds.com provided.
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Lawrence C.
October 18th, 2024
Excellent and expeditious service. Will definitely use in the future when the need arises.
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Joan H.
March 30th, 2021
Your service was fine but as a newly widowed senior, I wish your price was lower.
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Melvin L.
June 8th, 2022
So easy, very simple to use. I was very pleased with the service Deeds provided. Would definely use again.
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W J C.
July 11th, 2019
Good documents. Very helpful.
Thank you!
Alison B.
March 17th, 2021
The Deed of trust form was fine but the promissory note was less user friendly since I needed to change a few things that were fixed in the template. I ended up using white-out after I got no response when I emailed the help site that was provided in one of your emails, so it looks a little odd but should be usable
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CHARLES V.
June 4th, 2019
Legit. Reasonable prices.
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Denise G.
May 7th, 2020
It would be helpful if an email was sent to notify you of any additional invoices needed, documents were accepted and/or recorded. It is not always convenient to check your website on a daily basis to determine the status of the requesting recordings.
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Crystal W.
October 19th, 2022
This is the easiest process.
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MARILYN I.
March 20th, 2023
Very pleased with your user friendly site.
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Janette K.
May 17th, 2019
I ordered a Transfer of Deed on Death document. It was easy to fill in, came with a useful guide and was customized to my county/state. It got the job done and was well worth the money!
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