Lancaster County Gift Deed Form (South Carolina)
All Lancaster 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 Lancaster County compliant document last validated/updated 9/26/2024
Gift Deed Guide
Line by line guide explaining every blank on the form.
Included Lancaster County compliant document last validated/updated 8/15/2024
Completed Example of the Gift Deed Document
Example of a properly completed form for reference.
Included Lancaster County compliant document last validated/updated 8/19/2024
The following South Carolina and Lancaster 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 Lancaster County. The executed documents should then be recorded in the following office:
Lancaster County Register Of Deeds
101 North Main St / PO Box 1809, Lancaster, South Carolina 29720 / 29721
Hours: 8:30am - 5:00pm Monday - Friday
Phone: (803) 416-9440
Local jurisdictions located in Lancaster County include:
- Fort Mill
- Heath Springs
- Kershaw
- Lancaster
- Van Wyck
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 Lancaster 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 Lancaster County using our eRecording service.
Are these forms guaranteed to be recordable in Lancaster County?
Yes. Our form blanks are guaranteed to meet or exceed all formatting requirements set forth by Lancaster 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 Lancaster County that you need to transfer you would only need to order our forms once for all of your properties in Lancaster County.
What are supplemental forms?
Often when a deed is recorded, additional documents are required by South Carolina or Lancaster 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 Lancaster 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.
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 South Carolina residential property, the primary methods for holding title are tenancy in common and joint tenancy. A grant of ownership of real estate to two or more unmarried persons is presumed to create a tenancy in common, unless a right of survivorship is expressly created in the conveyance (S.C. Code Ann. 27-7-40(a)).
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. In South Carolina, the grantor must sign the deed in front of two witnesses and in the presence of an individual authorized by the state to administer an oath. Record the completed deed at the local county Recorder's office, along with an Affidavit of True Consideration (S.C. Code Ann. 12-24-70(A)(1)).
The grantor is responsible for paying the Federal Gift Tax. 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 if a gift is valued below $15,000, a federal gift tax return (Form 709) does not need to be filed. However, if the gift is something that could possibly be disputed by the IRS -- such as real property -- a grantor may benefit from filing a Form 709 [2].
In South Carolina, there is no state gift tax. Gifts of real property in South Carolina are, however, subject to the federal gift tax. The grantor is responsible for paying the tax, but if the grantor does not pay the gift tax, the grantee will be held liable [1]. 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
(South Carolina Gift Deed Package includes form, guidelines, and completed example)
Our Promise
The documents you receive here will meet, or exceed, the Lancaster 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 Lancaster 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.
We appreciate your business and value your feedback. Thank you. Have a wonderful day!
Samantha S.
April 29th, 2021
I really appreciated Deeds.com. It was quick and easy to use. Saved me substantial time completing my deed recording.
Thank you for your feedback. We really appreciate it. Have a great day!
jen k.
June 15th, 2022
I tried to use the free stuff you find on the internet. You quickly find out that free is rarely ever (never) free. Even worse, the long term cost can be immeasurable. Glad I realized that before I got too far in. Do yourself a favor, spend a few bucks up front to get the right forms.
Thank you!
Maria S.
January 10th, 2019
The paperwork/forms are fine, but there isn't enough explanation for me to figure out how to file the extra forms (which I do need in my case). The main form, Deed Upon Death is fine. I think the price is pretty high for these forms. I wouldn't have purchased it because there are places to get them for much cheaper (about 6 dollars), but this site had the extra forms I wanted (property in a trust and another form). Unfortunately these were included as a "courtesy" and there are no instructions for them. So three stars for being clear about what was in the package, having the right forms that I need, but instructions for putting them to use and price took a couple of stars off. Downloading was easy and once you download you can type the info into the PDF--that makes working with the forms much easier.
Thank you for the feedback Maria. Regarding the supplement documents, it is best to get assistance from the agency that requires them. These are not legal documents, they should provide full support and guidance for them.
Roy K.
February 15th, 2019
Just what we were looking for. Very easy to fill out. Thanks
Thank you Roy. We appreciate your feedback.
Jackson J.
June 4th, 2019
Thank you for your help the website is simple and easy to use and dealing with this county for the 1st time there were a few things i was not too sure about but your staff was prompt and responsive and anytime there was a glitch we were promptly able to resolve the issue until the deed was accepted and recorded by the county great service thanks again.
We appreciate your business and value your feedback. Thank you. Have a wonderful day!
Catherine W.
May 7th, 2019
I appreciate your prompt and honest response. You did not find what I was looking for but You also did not charge Me.
It was a pleasure working with You.
Thank you for your feedback Catherine, sorry we were unable to find what you needed. Have a wonderful day.
Joy N.
February 22nd, 2024
As a real estate professional, I've had the opportunity to use various legal form providers over the years, but none have matched the quality and user-friendliness of Deeds.com's real estate legal forms.
The forms themselves are comprehensive, up-to-date, and in line with current real estate laws and regulations, which is paramount in our field. The clarity and thoroughness of the documentation ensured that I could complete with confidence, knowing that every detail was covered.
I wholeheartedly recommend their services and look forward to continuing our partnership.
Your feedback is greatly appreciated. Thank you for taking the time to share your experience!
maria b.
November 1st, 2020
really easy and and helpful.
Thank you!
Melissa W.
July 29th, 2021
So easy to use!
Thank you!
PETER C.
October 7th, 2020
The process was quick and simple to follow. Very efficient way to document Deeds.
Thank you!
Sharon B.
February 19th, 2021
Awesome and so easy Thanks
Thank you!
Faye C.
June 13th, 2021
Product was ok; except in divorce cases there are usually two grantors - your form had only one signature and notary line for a grantor on the Quitclaim deed.
Thank you for your feedback. We really appreciate it. Have a great day!