Allegany County Gift Deed Form (New York)
All Allegany 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 Allegany County compliant document last validated/updated 10/30/2024
Gift Deed Guide
Line by line guide explaining every blank on the form.
Included Allegany 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 Allegany County compliant document last validated/updated 11/8/2024
The following New York and Allegany 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 Allegany County. The executed documents should then be recorded in the following office:
Allegany County Clerk
7 Court St, Rm 18, Belmont, New York 14813
Hours: 8:30am - 5:00pm / Summer: 8:30am - 4:00pm
Phone: (585) 268-9270
Local jurisdictions located in Allegany County include:
- Alfred
- Alfred Station
- Allentown
- Alma
- Almond
- Andover
- Angelica
- Belfast
- Belmont
- Black Creek
- Bolivar
- Canaseraga
- Caneadea
- Centerville
- Ceres
- Cuba
- Fillmore
- Friendship
- Houghton
- Hume
- Little Genesee
- Richburg
- Rushford
- Scio
- Swain
- Wellsville
- West Clarksville
- Whitesville
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 Allegany 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 Allegany County using our eRecording service.
Are these forms guaranteed to be recordable in Allegany County?
Yes. Our form blanks are guaranteed to meet or exceed all formatting requirements set forth by Allegany 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 Allegany County that you need to transfer you would only need to order our forms once for all of your properties in Allegany County.
What are supplemental forms?
Often when a deed is recorded, additional documents are required by New York or Allegany 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 Allegany 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 Allegany 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 Allegany 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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December 22nd, 2024
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December 22nd, 2024
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December 2nd, 2019
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March 24th, 2022
Very easy process from you so far, thanks! i don't hav a computer, only an apple iphone, so on a day very soon i'll need to go to my Fayetteville library to download and complete the forms. thanks for any suggestions/advice you may have...
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March 17th, 2022
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January 20th, 2024
Ordered a Quitclaim deed and worked perfectly at Register of Deed office. Liked the instructions and copy of one example filled out made it so much easier to understand. One price is great as most of other companies wanted a membership to join. Will use Deeds.com again if I ever need different forms. Thanks!!!
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July 26th, 2019
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November 1st, 2021
The process was easy and efficient. I will definitely be using this service!
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Lloyd T.
September 13th, 2023
Example deed given did not apply to married couples as joint owners with both being grantors. The example and directions also did not show how to write more than one grantee as equal grantees. Both would have been helpful when husband and wife are granting their property to their children equally. Also when attaching the exhibit A with the property description the example did not say "see exhibit A"in the property description area, so I didn't write that. Luckily the recorder of deeds allowed me to write it in. I think directions and examples for multiple scenarios would be helpful.
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NormaJean Q.
July 4th, 2021
Thank you, thie was very helpful. I did find the forms I needed.Very easy to use.,
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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."
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Audra M.
December 28th, 2020
It was easy to e-record and will/would recommend it to everyone.
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Pamela B.
June 18th, 2023
Very easy to use. Time will tell if I have any issues getting it recorded. Beats using an attorney who won't return calls and emails like I used before. I like the form plus instructions and an example of the completed form.
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September 22nd, 2019
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