Orange County Gift Deed Form (North Carolina)
All Orange 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 Orange County compliant document last validated/updated 6/14/2024
Gift Deed Guide
Line by line guide explaining every blank on the form.
Included Orange County compliant document last validated/updated 6/26/2024
Completed Example of the Gift Deed Document
Example of a properly completed form for reference.
Included Orange County compliant document last validated/updated 9/24/2024
The following North Carolina and Orange 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 Orange County. The executed documents should then be recorded in the following office:
Orange County Register of Deeds
228 S Churton St, Suite 300 / PO Box 8181, Hillsborough, North Carolina 27278
Hours: 8:00am-5:00pm M-F / Recording until 4:30pm
Phone: (919) 245-2675
Local jurisdictions located in Orange County include:
- Carrboro
- Cedar Grove
- Chapel Hill
- Efland
- Hillsborough
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 Orange 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 Orange County using our eRecording service.
Are these forms guaranteed to be recordable in Orange County?
Yes. Our form blanks are guaranteed to meet or exceed all formatting requirements set forth by Orange 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 Orange County that you need to transfer you would only need to order our forms once for all of your properties in Orange County.
What are supplemental forms?
Often when a deed is recorded, additional documents are required by North Carolina or Orange 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 Orange 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 North Carolina
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]. In North Carolina, a Gift Deed must be recorded to be considered valid. The deed must be proved in due form and registered within two years, otherwise it will be considered void (N.C.G.S. 47-26).
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 North Carolina 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 persons is presumed to create a tenancy in common, unless otherwise expressly stated in the conveyance (N.C.G.S. 41-2).
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. Record the completed deed at the local County Recorder's office.
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 North Carolina 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 North Carolina, there is no state gift tax. All gifts in North Carolina are exempt from the state excise tax as well, pursuant to N.C.G.S. 105-228.29(5). 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
(North Carolina Gift Deed Package includes form, guidelines, and completed example)
Our Promise
The documents you receive here will meet, or exceed, the Orange 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 Orange 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 - ( 4399 Reviews )
Felincia L.
September 28th, 2024
The process was fast and efficient. I did get a bit confused after entering info for my package but soon realized I had completed this part of the process and only needed to leave the page and wait for review of the document and then the invoice. It was pretty simple. After payment of the invoice I was notified that the document had been submitted. A few hours later I received notice that the document was recorded by the city. It was fast!
We are motivated by your feedback to continue delivering excellence. Thank you!
HEATHER M.
September 27th, 2024
The guide I needed was very easy to understand and the template was easy to complete. I had a property attorney review the deed before I had it registered and she was impressed. She said she couldn't have written it better herself! Definitely worth the money instead of paying high dollar attorney fees for a simple task.
Your feedback is greatly appreciated. Thank you for taking the time to share your experience!
Linda D.
September 23rd, 2024
very efficient and easy to use online platform. I reviewed several different sites before I settle on this one. Took my deed to the courthouse today and recorded it with no problems.
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Andrea R.
July 10th, 2020
Easy and fast. Thank you so much!!
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Theodore K.
September 8th, 2021
This does the job but we are not able to save this in our account and if you don't pay for Adobe and only have Adobe reader, I cannot save any information on the form online in my account. I do understand why they do this because they would lose money. A huge issue is that when I got to the end of the document and was adding an Exhibit A, as I typed, the page kept jumping back up the to top and I couldn't see what I was typing. I had to type a little then scroll back down and when I would type more, it would jump up again. This was a real problem.
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Rebecca V.
May 18th, 2023
The staff is Great to work with,
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John N.
July 19th, 2020
Very easy to navigate.
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Kimberly J H.
August 1st, 2023
The Washington State Transfer on Death Deed I purchased worked perfectly.
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Gary S.
January 9th, 2022
Easy to use. Very helpful
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Ken C.
October 20th, 2020
I did a Beneficiary Deed, package came with all forms and instructions. Recorder accepted first time.
Ken C
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Anita M.
March 10th, 2019
This was a very easy process to find the correct documents and download them. The price was also reasonable.
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Cameron M.
June 6th, 2023
This service is amazing. Always same day recording. Quick and easy. Thank you!
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February 24th, 2021
I am how simple this site is to use. I am so thankful to be able to do this and not have to worry about traveling downtown. Thank you.
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Tamica D.
April 22nd, 2020
Exceptional service. Thank you for your assistance.
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Eileen D.
August 5th, 2020
Very easy to use. The example form was a big help in making sure I had the forms filled out correctly.
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