Westchester County Gift Deed Form (New York)
All Westchester 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 Westchester County compliant document last validated/updated 10/30/2024
Gift Deed Guide
Line by line guide explaining every blank on the form.
Included Westchester 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 Westchester County compliant document last validated/updated 11/8/2024
The following New York and Westchester 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 Westchester County. The executed documents should then be recorded in the following office:
Westchester County Clerk
110 Dr. Martin Luther King Jr. Blvd, White Plains, New York 10601
Hours: 8:00am to 5:00pm M-F
Phone: (914) 995-3080 or 3094
Local jurisdictions located in Westchester County include:
- Amawalk
- Ardsley
- Ardsley On Hudson
- Armonk
- Baldwin Place
- Bedford
- Bedford Hills
- Briarcliff Manor
- Bronxville
- Buchanan
- Chappaqua
- Cortlandt Manor
- Crompond
- Cross River
- Croton Falls
- Croton On Hudson
- Dobbs Ferry
- Eastchester
- Elmsford
- Goldens Bridge
- Granite Springs
- Harrison
- Hartsdale
- Hastings On Hudson
- Hawthorne
- Irvington
- Jefferson Valley
- Katonah
- Larchmont
- Lincolndale
- Mamaroneck
- Maryknoll
- Millwood
- Mohegan Lake
- Montrose
- Mount Kisco
- Mount Vernon
- New Rochelle
- North Salem
- Ossining
- Peekskill
- Pelham
- Pleasantville
- Port Chester
- Pound Ridge
- Purchase
- Purdys
- Rye
- Scarsdale
- Shenorock
- Shrub Oak
- Somers
- South Salem
- Tarrytown
- Thornwood
- Tuckahoe
- Valhalla
- Verplanck
- Waccabuc
- West Harrison
- White Plains
- Yonkers
- Yorktown Heights
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 Westchester 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 Westchester County using our eRecording service.
Are these forms guaranteed to be recordable in Westchester County?
Yes. Our form blanks are guaranteed to meet or exceed all formatting requirements set forth by Westchester 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 Westchester County that you need to transfer you would only need to order our forms once for all of your properties in Westchester County.
What are supplemental forms?
Often when a deed is recorded, additional documents are required by New York or Westchester 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 Westchester 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 Westchester 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 Westchester 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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Darrell G.
October 14th, 2022
Very easy to work with.
Thank you!
Shannon D.
November 4th, 2020
Extremely easy site to use. We had our document e-recorded the same day and we didn't have to make a trip downtow!
Thank you!
Russell N.
March 16th, 2021
Very simple process to purchase and download. Made it easy to understand the different forms and their uses and how to select the right form.
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Jacqui G.
April 8th, 2020
Excellent system and serviced!
Thank you!
Harry B.
July 9th, 2019
I received exactly what I was looking for on Deeds.com.
Not only that, but this website provided instructions for form completion, and an example of a completed form. I'm certainly glad I chose this website.
Thank you for your feedback. We really appreciate it. Have a great day!
Kenneth D.
July 23rd, 2023
I was very pleased with the service and the product. All the extras were a nice addition to my order. With the example and instructions, I was able to fill out my correction deed correctly. I filed it and it was accepted with zero reservations by my clerk and recorder's office. The expected result (which was to remove a name from the current deed) happened almost immediately. I definitely recommend deeds.com .
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Lawrence R.
February 4th, 2020
Forms do not allow enough space for fields and cutoff. Need to expand the fields to allow for more writing. I ended up re-typing to be able to include full property description.
Would be nice if available in Word format rather than only PDF format.
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Ann H.
May 24th, 2020
Excellent program, easy to access and download.
Thank you!
Michael W.
October 24th, 2019
Easy to use Website. Quick accurate data reporting. I will use the service in the future.
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Lisa M.
October 28th, 2021
This is super convenient however, I wish I knew which forms I needed for my Affidavit Death of Joint Tenant situation. That would help.
Thank you
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Rosie R.
November 22nd, 2021
LOVE THIS!! I am a REALTORand from time to time I have had to take documents for filing. I'm so glad I invested some time online researching eFiling services. The first few search results that populated required an expensive annual or monthly subscription. Luckily I continued to scroll and found Deeds.com. No annual or monthly subscription required. Just pay per use. I uploaded a ROL late one night and Deed.com had it eFiled the very next morning!!! They keep you updated throughout the process via email notifications which you click on the link provided in the email that directs you to your online portal to view the status and once your documents have been filed you can immediately download the filed of record documents including the receipt from the county in which the documents were filed. SO SIMPLE, CONVENIENT, & QUICK-THANK YOU DEEDS.com!!!
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Roger V.
April 26th, 2019
Very easy to use.
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