Clay County Gift Deed Form (Texas)
All Clay 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 Clay County compliant document last validated/updated 11/19/2024
Gift Deed Guide
Line by line guide explaining every blank on the form.
Included Clay County compliant document last validated/updated 10/1/2024
Completed Example of the Gift Deed Document
Example of a properly completed form for reference.
Included Clay County compliant document last validated/updated 11/20/2024
The following Texas and Clay 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 Clay County. The executed documents should then be recorded in the following office:
Clay County Clerk
100 N. Main St / PO Box 548, Henrietta, Texas 76365
Hours: Monday - Friday 8:00am - 12:00 & 1:00 - 5:00 pm
Phone: 940-538-4631
Local jurisdictions located in Clay County include:
- Bellevue
- Bluegrove
- Byers
- Henrietta
- Petrolia
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 Clay 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 Clay County using our eRecording service.
Are these forms guaranteed to be recordable in Clay County?
Yes. Our form blanks are guaranteed to meet or exceed all formatting requirements set forth by Clay 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 Clay County that you need to transfer you would only need to order our forms once for all of your properties in Clay County.
What are supplemental forms?
Often when a deed is recorded, additional documents are required by Texas or Clay 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 Clay 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 Clay 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 Clay 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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Zennell W.
November 24th, 2024
Quick fast and easy transaction.
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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.
Terry M.
January 8th, 2020
Very responsive. I was notified very quickly if the deed I was looking for was available.
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Ping O.
September 5th, 2019
Thank you for making this easy!
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Sandra C.
December 8th, 2022
Not sure whether the two forms I printed will be helpful or not. Will find out when I go to a place for completion and to be notorized.
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Michael T.
January 23rd, 2021
This site was recommended to me. The deed worked just fine for recording a property transfer (Warranty Deed). What I like is that there is a 1 time fee, not a subscription. I would highly recommend. It saved us $2000 in closing costs and fees.
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Nello P.
January 4th, 2021
very satisfied, useful, and of great assistance
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Jerry O.
July 10th, 2020
Everything I needed including detailed instructions to transfer the deed on my house from me alone to me and my wife as joint owners with right of survivorship. Formatting was compliant and blanks for all information required were provided in all the right places.
5 stars
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Patrick P.
March 14th, 2020
Great service! I found out how easy it was for me to record a deed. I saved about $200 using deeds.com. The sample form really helped. Thanks!
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Gloria B.
September 1st, 2022
Super easy and efficient. One time charge for the form with no commitment to a recurring charge for monthly membership. *****
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Robert W.
January 5th, 2019
The forms were as I expected them to be. The guide was very helpful. Overall very good.
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George A. M.
August 10th, 2022
User friendly and fast to use. I was pleased with experience.
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GARY S.
March 16th, 2021
The forms were just what i needed and for the county i needed thankyou so much
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Randy T.
January 22nd, 2019
I gave your site and forms 5 stars because it is very easy to use and included all the information needed to complete the form without having had a legal background.
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