Benton County Gift Deed Form (Oregon)
All Benton 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 Benton County compliant document last validated/updated 11/28/2024
Gift Deed Guide
Line by line guide explaining every blank on the form.
Included Benton County compliant document last validated/updated 9/2/2024
Completed Example of the Gift Deed Document
Example of a properly completed form for reference.
Included Benton County compliant document last validated/updated 12/24/2024
The following Oregon and Benton 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 Benton County. The executed documents should then be recorded in the following office:
Records & Licenses Office
County Courthouse - 120 NW 4th St, Rm 4, Corvallis, Oregon 97330
Hours: 8:00 to 5:00 Mon-Fri / Recording until 4:00
Phone: (541) 766-6831
Local jurisdictions located in Benton County include:
- Alsea
- Blodgett
- Corvallis
- Monroe
- Philomath
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 Benton 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 Benton County using our eRecording service.
Are these forms guaranteed to be recordable in Benton County?
Yes. Our form blanks are guaranteed to meet or exceed all formatting requirements set forth by Benton 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 Benton County that you need to transfer you would only need to order our forms once for all of your properties in Benton County.
What are supplemental forms?
Often when a deed is recorded, additional documents are required by Oregon or Benton 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 Benton 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 Oregon
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. A gift deed 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, and vesting. Vesting describes how the grantee holds title to the property. For Oregon residential property, the primary methods for holding title are tenancy in common, 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. A conveyance to a married couple creates a tenancy by entirety. Joint tenancy is abolished unless the conveyance is to trustees or personal representatives (ORS 93.180).
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. Gift deeds in Washington County must be accompanied by an Application for Exemption from Washington County Transfer Tax form, which can be found on the Washington County website. Record the completed deed and any associated documentation at the local County Clerk's office.
The IRS implements 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. 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, donors should consider filing one for many gifts of real property [2].
In Oregon, there is no state gift tax. When a transfer is by gift, no tax withholding is required either [3]. For questions regarding state taxation laws, consult a tax specialist. Gifts of real property in Oregon are, however, subject to the federal gift tax. 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].
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
(Oregon GD Package includes form, guidelines, and completed example)
Our Promise
The documents you receive here will meet, or exceed, the Benton 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 Benton 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 - ( 4449 Reviews )
Daniel B.
December 24th, 2024
easy to use and upload.
We are delighted to have been of service. Thank you for the positive review!
Dorothy N.
December 22nd, 2024
The mortgage and note were thorough and very satisfactory for my purposes. The accompanying forms were excellent. I am very pleased with my purchase.
We welcome your positive feedback and are thrilled to have met your expectations. Thank you for choosing our services.
Edward E.
December 22nd, 2024
Easy to use.
Your feedback is valuable to us and helps us improve. Thank you for sharing your thoughts!
Ryan P.
October 6th, 2020
It was a pleasant surprise to find out how easy the site was to use! Clear directions! very user friendly!
Thank you!
John B.
November 15th, 2023
Fantastic service, easy to use, and supported the entire way through every process. Excellent service!
We are motivated by your feedback to continue delivering excellence. Thank you!
Jean K.
February 25th, 2021
The website worked fine and I would have been happy to pay the extra money except the deed I needed was "not available". Ended up calling the courthouse anyway.
Thank you for your feedback. We really appreciate it. Have a great day!
Jonathon K.
September 1st, 2023
Recording deeds from the comfort of my office has never been simpler thanks to Deeds.com. The service is affordable, fast, and extremely user friendly. I highly recommend anyone who needs a deed recorded in the state of Florida to look into this website, it has made my job much easier.
We appreciate your business and value your feedback. Thank you. Have a wonderful day!
Kathy H.
August 25th, 2024
Very accommodating and self explanatory.
It was a pleasure serving you. Thank you for the positive feedback!
Karen K.
October 16th, 2020
Deeds was very easy to use. I thought it might take weeks to complete, but the whole process was completed in just a few hours. I am very satisfied with my experience and would use them again
Thank you for your feedback. We really appreciate it. Have a great day!
Michael T.
January 29th, 2021
Very easy to find what I was looking for and the cost was reasonable. The documents saved me a lot of time and were easy to use.
Thank you for your feedback. We really appreciate it. Have a great day!
Renee K.
November 19th, 2022
So very easy to upload documents to the site and communication is very quick. It made our transactions so effortless.
Thank you!
Gail D.
October 22nd, 2024
Very concise and thorough website. Easily navigated and easily affordable.
Knowing our customers are happy is our top priority. Thank you for the wonderful feedback!
Edward B.
September 22nd, 2023
I was looking for a certain form I needed. Deeds.com had the necessary form and I was able to purchase it with little effort on my part. This was a good customer experience.
We appreciate your business and value your feedback. Thank you. Have a wonderful day!
Valerie T.
June 4th, 2019
it was very helpful.
Thank you!
Michael H.
November 5th, 2019
Site was easy to understand and use. Service was prompt. Good job Montgomery County!
Thank you!