Franklin County Gift Deed Form (Vermont)

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

Gift Deed Form

Franklin County Gift Deed Form

Fill in the blank form formatted to comply with all recording and content requirements.
Included Franklin County compliant document last validated/updated 10/16/2024

Gift Deed Guide

Franklin County Gift Deed Guide

Line by line guide explaining every blank on the form.
Included Franklin County compliant document last validated/updated 7/3/2024

Completed Example of the Gift Deed Document

Franklin County Completed Example of the Gift Deed Document

Example of a properly completed form for reference.
Included Franklin County compliant document last validated/updated 8/12/2024

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

Town Clerk of Bakersfield

40 E Bakersfield Rd / PO Box 203, Bakersfield, Vermont 05441

Hours: M - F 9:00 to 12:00 & 7:00 to 8:00

Phone: (802) 827-4495

Town Clerk of Berkshire

4454 Watertower Rd, Enosburgh, Vermont 05450

Hours: M & Tu 8-12, 1-5; W & Th 9-12, 1-4

Phone: (802) 933-2335

Town Clerk of Enosburgh

239 Main St / PO Box 465, Enosburgh Falls, Vermont 05450

Hours: M - F 8:00 to 3:30

Phone: (802) 933-4421

Town Clerk of Fairfax

12 Buck Hollow Rd, Fairfax, Vermont 05454

Hours: M - F 9:00 to 4:00; 1st & 3rd Mon 6:00 to 8:00

Phone: (802) 849-6111

Town Clerk of Fairfield

25 North Rd / PO Box 5, Fairfield, Vermont 05455

Hours: M, Tu, Th, F 8:00 to 3:00; W 10:30 to 5:30

Phone: (802) 827-3261 x1

Town Clerk of Fletcher

215 Cambridge Rd, Cambridge, Vermont 05444

Hours: M 8 - 3:30 & 6:30 - 8:30; Tu - Th 8 to 3:30

Phone: (802) 849-6616

Town Clerk of Franklin

5167 Main St / PO Box 82, Franklin, Vermont 05457

Hours: M, Tu, F 8:30 to 3:30; W 8:30 to noon; Th 8:30 to 6:00

Phone: (802) 285-2101

Town Clerk of Georgia

47 Town Common Rd N, St. Albans, Vermont 05478

Hours: M-F 8:00 - 4:00

Phone: (802) 524-3524

Town Clerk of Highgate

2996 VT Route 78 / PO Box 189, Highgate Ctr, Vermont 05459

Hours: M-F 8:30 to 12 & 1:00 to 4:30

Phone: (802) 868-4697 X201

Town Clerk of Montgomery

98 Main St / PO Box 356, Montgomery, Vermont 05471

Hours: M 8-12 & 1-6; Tu, Th, F 8-12 & 1-4

Phone: (802) 326-4719

Town Clerk of Richford

94 Main St / PO Box 236, Richford, Vermont 05476

Hours: M - Th 8:00 - 5:00; F 8:00 - noon

Phone: (802) 848-7751 x3

City of St. Albans Clerk

100 N Main St / PO Box 867, St. Albans, Vermont 05478-0867

Hours: M-F 7:30 - 4:30; last Sat 9:00 - 12:00

Phone: (802) 524-1501 x264

Town of St. Albans Clerk

579 Lake Rd, St. Albans Town / PO Box 37, St. Albans Bay, Vermont 05481

Hours: M-F 8:00 - 4:00

Phone: (802) 524-2415

Town Clerk of Sheldon

1640 Main St / PO Box 66, Sheldon, Vermont 05483

Hours: M 8:00 to 6:00 & Tu-F 8:00 to 3:00

Phone: (802) 933-2524 x3

Town Clerk of Swanton

1 Academy St / PO Box 711, Swanton, Vermont 05488

Hours: M-F 7:00 to 5:00

Phone: (802) 868-4421

Local jurisdictions located in Franklin County include:

  • Bakersfield
  • East Berkshire
  • East Fairfield
  • Enosburg Falls
  • Fairfield
  • Franklin
  • Highgate Center
  • Highgate Springs
  • Montgomery
  • Montgomery Center
  • Richford
  • Saint Albans
  • Saint Albans Bay
  • Sheldon
  • Sheldon Springs
  • Swanton

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

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

What are supplemental forms?

Often when a deed is recorded, additional documents are required by Vermont or Franklin 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 Franklin 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 of Real Estate in Vermont

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).

In order for a gift deed to be valid they 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. Vermont recognizes the following types of joint ownership: tenancy in common, joint tenancy, and tenancy by entirety. A grant of ownership of real estate to two or more unmarried persons is presumed to create a tenancy in common, unless otherwise specified in the conveyance. A conveyance to a married couple vests as tenancy by entirety (27 V.S.A. 2, 27 V.S.A. 349). In Vermont, an instrument may create a joint tenancy in which the interests of the joint tenants are equal or unequal (27 V.S.A 2).

As with any conveyance of real estate, a gift deed requires a complete legal description of the parcel. In Vermont, a deed that refers to a survey revised or prepared after July 1, 1988 may be recorded only if it is accompanied by the survey to which it refers, or cites the volume and page in the land records showing where the survey has been previously recorded (27 V.S.A. 341). Recite the source of title to establish a clear chain of title, and detail any restrictions associated with the property. Record the completed deed, and file a copy of Act 250 Disclosure Statement with the Town Clerk, who shall record it in the land records (10 V.S.A. 6007).

The fee for recording a real estate document in Vermont, the fees are $10 per page for all documents recorded. Copies of recorded documents are $1 per page. Certified copies are $1, plus the per page costs (32 V.S.A. 1671).
All deeds conveying property with or without consideration must have a Vermont Property Transfer Tax Return (32 V.S.A. 9602). There is a $10 filing fee for this form. When filling out the Transfer Tax Return form, make sure that section B is accurate and clearly printed. This information provides data needed to update that parcel's owner information for all city departments. Do not send property tax payments with documents to be recorded. Those payments should go directly to the Treasurer's Department (32 V.S.A. 9602).

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 Vermont, there is no state gift tax. For questions regarding state taxation laws, consult a tax specialist. Gifts of real property in Vermont are, however, subject to the federal gift tax. The grantor is responsible for paying the federal gift tax; however, if the grantor does not pay the gift tax, the grantee will be held liable [1].

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

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

Our Promise

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