Lexington County Gift Deed Form (South Carolina)
All Lexington 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 Lexington County compliant document last validated/updated 9/26/2024
Gift Deed Guide
Line by line guide explaining every blank on the form.
Included Lexington 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 Lexington County compliant document last validated/updated 8/19/2024
The following South Carolina and Lexington 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 Lexington County. The executed documents should then be recorded in the following office:
Lexington County Register of Deeds
212 S Lake Dr, Suite 301, Lexington, South Carolina 29072
Hours: Recording 8:00am - 5:00pm/ Recording until 4:45pm
Phone: (803) 785-8168
Local jurisdictions located in Lexington County include:
- Batesburg
- Cayce
- Chapin
- Columbia
- Gaston
- Gilbert
- Leesville
- Lexington
- Pelion
- Swansea
- West Columbia
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 Lexington 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 Lexington County using our eRecording service.
Are these forms guaranteed to be recordable in Lexington County?
Yes. Our form blanks are guaranteed to meet or exceed all formatting requirements set forth by Lexington 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 Lexington County that you need to transfer you would only need to order our forms once for all of your properties in Lexington County.
What are supplemental forms?
Often when a deed is recorded, additional documents are required by South Carolina or Lexington 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 Lexington 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 Lexington 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 Lexington 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.
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November 1st, 2024
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October 25th, 2024
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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.
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May 6th, 2019
Easy to fill with explanations to accompany
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Margaret T.
May 6th, 2022
Had a difficult time finding my download after purchase. Thankfully I had printed the form and had. However it was read only and I'm not experienced enough to be able to change that. So I went into my word program and typed in the form. I should be able to use it for my purpose. Just glad I was finally able to find it after hours of searching online. I'm in my 70's and not real computer intelligent which may have been part of the problem
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April L.
March 21st, 2020
It was easy and I will use it again.
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Dawn W.
April 21st, 2023
wonderful help!!!
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Vanessa W.
April 7th, 2019
This site is very useful and reasonable. Comes in handy when you need a deed in other states.
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carol g.
May 3rd, 2019
very good. got my info in minuetes. thank you
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Georgiana I.
January 25th, 2020
The deed itself was easy. I did notice that although the website says that the deed would exempt the house from probate, the deed clearly states that it might not. I hope that "might " is the operative word here.
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Robert B.
June 15th, 2020
Excellent Service
I was looking for a copy of deeds on a few properties. Researched online and ended up at Deeds.com. I signed up for a new account, entered the pertinent information, paid a nominal fee and received all deeds within 40 minutes. Seamless and very impressed!
Bob
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Robert B.
January 4th, 2021
Very easy to use.
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Philip B.
October 18th, 2019
Pleased with the results, except for the "notice of confidentiality rights" above the QUIT CLAIM DEED headline. Is it needed to be included on the form or can it be removed ? How can it be removed, I do not see a reason for it to be on the print out copy. Thank you.
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Lois B.
December 13th, 2018
It works pretty well, had trouble with the word December. It printed out Decedmber with weird spacing but I think it will be ok.
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barbara m.
March 16th, 2021
deeds.com is the most efficient, easy to use site for legal forms I've found! Thank You
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