Delaware County Gift Deed Form (New York)
All Delaware 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 Delaware County compliant document last validated/updated 10/30/2024
Gift Deed Guide
Line by line guide explaining every blank on the form.
Included Delaware County compliant document last validated/updated 6/6/2024
Completed Example of the Gift Deed Document
Example of a properly completed form for reference.
Included Delaware County compliant document last validated/updated 8/30/2024
The following New York and Delaware 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 Delaware County. The executed documents should then be recorded in the following office:
Delaware County Clerk
3 Court St / PO Box 426, Delhi, New York 13753
Hours: 9:00am to 5:00pm Monday through Friday
Phone: (607) 832-5700
Local jurisdictions located in Delaware County include:
- Andes
- Arkville
- Bloomville
- Bovina Center
- Davenport
- Davenport Center
- Delancey
- Delhi
- Denver
- Downsville
- East Branch
- East Meredith
- Fishs Eddy
- Fleischmanns
- Franklin
- Grand Gorge
- Halcottsville
- Hamden
- Hancock
- Harpersfield
- Hobart
- Margaretville
- Masonville
- Meridale
- New Kingston
- Roxbury
- Shinhopple
- Sidney
- Sidney Center
- South Kortright
- Stamford
- Treadwell
- Trout Creek
- Walton
- West Davenport
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 Delaware 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 Delaware County using our eRecording service.
Are these forms guaranteed to be recordable in Delaware County?
Yes. Our form blanks are guaranteed to meet or exceed all formatting requirements set forth by Delaware 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 Delaware County that you need to transfer you would only need to order our forms once for all of your properties in Delaware County.
What are supplemental forms?
Often when a deed is recorded, additional documents are required by New York or Delaware 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 Delaware 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 Delaware 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 Delaware 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 - ( 4420 Reviews )
Jimmy W.
November 1st, 2024
Very thorough with plenty of instructions. Nice to be able to fill in the forms on my computer at my own pace and edit if needed. Jim
We appreciate your business and value your feedback. Thank you. Have a wonderful day!
RUTH A.
October 25th, 2024
I am so very thankful for the service that you provide for the public, thank you very much.
We deeply appreciate the trust you have placed in our services. Thank you for your valuable feedback and for choosing us.
Nancy R.
October 25th, 2024
Deeds.com is very precise, helpful and friendly. I found the form I needed without any effort and everything worked perfect and smooth. I recommend it 100%. rnThank you.
We are delighted to have been of service. Thank you for the positive review!
Scott S.
November 20th, 2020
This is the best resource I have found for documents related to beneficiary deeds!
Thank you!
Karen M.
September 23rd, 2021
I'm not too bright. Ordered one thing when I wanted something else. Deeds staff fixed it for me.
Glad we could help.
Phoenix D.
August 17th, 2020
I was looking for the proper quit claim deed for my state. I found it on deeds.com along with instructions and a sample. I couldn't have filed without them.
Thank you for your feedback. We really appreciate it. Have a great day!
John C.
January 28th, 2021
These forms are easy to use and a lot cheaper than going to an attorney. I highly recommend Deeds.com
We appreciate your business and value your feedback. Thank you. Have a wonderful day!
Wanda L.
July 30th, 2020
Really nice and helped with more information.
Thank you for your feedback. We really appreciate it. Have a great day!
jonathan f.
June 12th, 2020
I had a one time event. The website instructions were straightforward; the job was completed quickly; the cost was modest. I am completely satisfied and will not hesitate to use again.
We appreciate your business and value your feedback. Thank you. Have a wonderful day!
Patrick K.
September 1st, 2020
Fast and easy to use. Great update communications
We appreciate your business and value your feedback. Thank you. Have a wonderful day!
David M.
September 29th, 2022
Holy cow. I was told by several people that getting a deed recorded would take 7-10 days. So I thought I'd give deeds.com a try with their e-filing service. I created my account and submitted my deed around 4:00 p.m. and it was recorded before I woke up the next morning. Awesome service! Totally worth the $19 service fee.
We appreciate your business and value your feedback. Thank you. Have a wonderful day!
MYRON J.
October 24th, 2019
Great way to track and save forms.
Thank you!
Joyce F.
March 31st, 2019
The forms are simple to follow. I was hoping I would be able to add my personal info. That would make the forms even more simple.
We appreciate your business and value your feedback. Thank you. Have a wonderful day!
Tod F.
August 9th, 2019
In 15 minutes I had my out of state documents. I am very pleased with the ease of acquiring them. I will definitely be using Deeds.com again if the need arises.
We appreciate your business and value your feedback. Thank you. Have a wonderful day!
Robert S B.
May 22nd, 2019
I would not have ordered this form had I realised how limited the fields are for details. There is no room for elaboration of terms. The language only allows one grantor and one grantee, and the gender and quantity default construction is a poor choice. Be basic, but leave room for more.
Thank you for your feedback. We really appreciate it. Have a great day!