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.
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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Maureen M.
January 3rd, 2021
Easy to use and download. Will use in the future, if ever needed.
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Shirley R J.
February 5th, 2019
Great website.....fast and easy access!
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Eugenia T.
August 9th, 2023
I am the Kent County Recorder of Deeds in Central Delaware. I am impressed by the accuracy of your website. All data you post is correct regarding forms, fees, etc. We have just spent several months researching Property Theft, using many cites from various sources. I just discovered your white paper on this subject, and it is excellent. It also covers a few things we did not, such as house flipping and immigrants. Congratulations!
Thank you for your kind words and thoughtful review! It's an honor to know that our resources have been valuable to the Kent County Recorder of Deeds. Your feedback is particularly meaningful to us, and we are glad that our white paper contributed to your research on Property Theft. We fully support your vital efforts to combat property theft and deed fraud, and if there's anything else we can assist you with or any further insights you'd like to share, please don't hesitate to reach out. Keep up the outstanding work!
Tyler F.
December 14th, 2020
worked great!!!
Awesome, great to hear. Thank you.
Jennifer M.
April 3rd, 2024
Consistent and quick. This site saves me so much time away from my desk. It's a great resource for my small business!
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Kaleigh S.
April 8th, 2020
I used Deeds.com to record two judgments with the County Recorder's Office. The site was very easy to use and I had my recorded copies back the very next day. I highly recommend their service!
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Scott K.
July 2nd, 2022
The beneficiary deed was acceptable to the county clerk and my notarized official deed was mailed to me. The Missouri-based deed met with official approval so all is well in the land that time forgot.
Thank you!
James C.
January 15th, 2021
Satisfactory.
I was confused and somwhat lost on what to do and what I was getting.
Thank you!
Cynthia B.
July 21st, 2023
So simple to e-record my two documents. The communication was fast and very helpful. Thank you so much!
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Jeannette C.
October 22nd, 2021
Very useful service!
This was easy and quick. It guides you through each step and emails update you during the process.
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George T.
August 10th, 2019
Very good. Thanks.
Thank you!
Max P.
February 26th, 2021
Excellent. Timely. Efficient. Smooth. Thank you!
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