Austin County Gift Deed Form (Texas)

All Austin County specific forms and documents listed below are included in your immediate download package:

Gift Deed Form

Austin County Gift Deed Form

Fill in the blank form formatted to comply with all recording and content requirements.
Included Austin County compliant document last validated/updated 10/30/2024

Gift Deed Guide

Austin County Gift Deed Guide

Line by line guide explaining every blank on the form.
Included Austin County compliant document last validated/updated 10/1/2024

Completed Example of the Gift Deed Document

Austin County Completed Example of the Gift Deed Document

Example of a properly completed form for reference.
Included Austin County compliant document last validated/updated 10/29/2024

When using these Gift Deed forms, the subject real estate must be physically located in Austin County. The executed documents should then be recorded in the following office:

Austin County Clerk

1 East Main, Bellville, Texas 77418

Hours: 8:00am - 5:00pm Monday - Friday / closed for lunch

Phone: (979) 865-5911

Local jurisdictions located in Austin County include:

  • Bellville
  • Bleiblerville
  • Cat Spring
  • Industry
  • Kenney
  • New Ulm
  • San Felipe
  • Sealy
  • Wallis

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 Austin 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 Austin County using our eRecording service.
Are these forms guaranteed to be recordable in Austin County?

Yes. Our form blanks are guaranteed to meet or exceed all formatting requirements set forth by Austin 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 Austin County that you need to transfer you would only need to order our forms once for all of your properties in Austin County.

What are supplemental forms?

Often when a deed is recorded, additional documents are required by Texas or Austin 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 Austin 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.

Gifting Real Property in Texas

Gift deeds transfer title to real property from one party to another with no exchange of consideration, monetary or otherwise. Often used to transfer property between family members or to transfer property as a charitable act or donation, these transfers occur during the grantor's lifetime. It is important that a gift deed contain language that explicitly states that no consideration is expected or required. Ambiguous language, or references to any type of consideration, can make the gift deed contestable in court.

A lawful gift deed includes the grantor's full name and marital status, as well as the grantee's full name, marital status, vesting, and mailing address. Vesting describes how the grantee holds title to the property. Generally, real property is owned in either sole ownership or in co-ownership. For Texas residential property, the primary methods for holding title in co-ownership are tenancy in common, joint tenancy, and community property (TEX. EST CODE 111.001, TEX. FAM CODE 3.003).

As with any conveyance of realty, 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. The document must be signed and acknowledged by the grantor in the presence of two credible witnesses or a certified officer (TEX. PROP CODE 12.001b). Record the completed deed, along with any additional materials, in the clerk's office of the county where the property is located. Contact the same office to verify accepted forms of payment.

In Texas, an unrecorded deed (or instrument) "is binding on a party to the instrument, on the party's heirs, and on a subsequent purchaser who does not pay a valuable consideration or who has notice of the instrument" (TEX. PROP CODE 13.001). This means that, even if a gift deed is unrecorded, it is still a binding document that applies to parties who have signed or acknowledged it.

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, they are responsible for paying the requisite state and federal income tax [1].

While the amount of the gift does not need to be declared as income, gifts of real property are subject to federal gift taxation. The person or entity making the gift (grantor) is responsible for paying this tax. However, if the donor does not pay the gift tax, the donee will be held liable [1].

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 donor may benefit from filing a Form 709 [2].

This article is provided for informational purposes only and is not a substitute for the advice of an attorney. Contact a Texas lawyer with any questions about gift deeds or other issues related to the transfer of real property.

[1] http://msuextension.org/publications/FamilyFinancialManagement/MT199105HR.pdf

[2] https://www.irs.gov/businesses/small-businesses-self-employed/frequently-asked-questions-on-gift-taxes

(Texas Gift Deed Package includes form, guidelines, and completed example)

Our Promise

The documents you receive here will meet, or exceed, the Austin 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 Austin 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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