Smyth County Gift Deed Form (Virginia)

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

Gift Deed Form

Smyth County Gift Deed Form

Fill in the blank form formatted to comply with all recording and content requirements.
Included Smyth County compliant document last validated/updated 10/29/2024

Gift Deed Guide

Smyth County Gift Deed Guide

Line by line guide explaining every blank on the form.
Included Smyth County compliant document last validated/updated 10/21/2024

Completed Example of the Gift Deed Document

Smyth County Completed Example of the Gift Deed Document

Example of a properly completed form for reference.
Included Smyth County compliant document last validated/updated 10/15/2024

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

Smyth Clerk of Circuit Court

County Courthouse - 109 West Main St, Suite 1081, Marion, Virginia 24354

Hours: 9:00 to 5:00 M-F / Recording until 4:30

Phone: (276) 782-4044

Local jurisdictions located in Smyth County include:

  • Atkins
  • Chilhowie
  • Marion
  • Saltville
  • Sugar Grove

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

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

What are supplemental forms?

Often when a deed is recorded, additional documents are required by Virginia or Smyth 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 Smyth 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.

Gifts of Real Estate in Virginia

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). They typically transfer real property between family or close friends. Gift deeds are also used to donate to a non-profit organization or charity.

Gift deeds, by definition, are transfers made for no consideration. To gift property to a donee, the donor may execute a quitclaim, special warranty, or warranty deed, depending on the level of protection they wish to provide. In general, though, gift deeds with full warranties are unusual; most donors choose either quitclaim or special warranty deeds.

Quitclaim deeds transfer the owner's property rights to the recipient with no assurances about the status of the title, or even a guarantee that they have actually own the property. Special warranty deeds confirm that the donor owns the property, has the right to transfer it, and will defend the donee against claims on the title that relate to their period of ownership.

For a gift deed to be valid, the grantor must intend to make a gift of the property, deliver the property to the grantee, and the grantee must accept the gift. It must contain language that explicitly states no consideration is expected or required. 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.

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 manner of vesting title. 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.

The granting party must sign the deed in the presence of an authorized official before filing the deed in the Clerk of Court's office in the independent city or county in which the property is situated. If married, the non-owning spouse should sign as an additional grantor to waive any interest in the estate. Gift deeds must meet all state and local standards for recorded documents. Some jurisdictions in Virginia require a cover page for recording. Generate the cover sheet online and submit it when recording (see supplemental forms). Contact the local recording office with questions.

Deeds of gift are exempt from recordation taxes under Va. Code 58.1-811(D). The deed must state on its face that the transfer is exempt from the tax.

Virginia does not levy a state gift tax, but the grantor must pay 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. As of 2020, individuals are permitted an annual exclusion of $15,000 on gifts. If there is any question about the gift's value, or if it is close to the exclusion limit, the grantor may wish to consider filing a Form 709 for the federal tax. Ask the local tax assessor or another tax professional for guidance.

With gifts of real property, the recipient (grantee) is not required to declare the amount of the gift as income, but if the property accrues income (such as rent) after the transaction, the recipient is responsible for paying associated state and federal income taxes. Note that the grantee, as the new owner, also becomes responsible for local property taxes and maintaining other agreements and restrictions associated with the property.

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

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

Our Promise

The documents you receive here will meet, or exceed, the Smyth 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 Smyth 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.

Reply from Staff

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

Reply from Staff

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.

Reply from Staff

We appreciate your business and value your feedback. Thank you. Have a wonderful day!

tim g.

May 3rd, 2019

that is what I was looking for thanks

Reply from Staff

Thanks Tim, glad we could help.

Shane T.

March 7th, 2020

The Transfer on Death Deed form package was very good. But like anything, could use some improvements.

There is not enough space to fill more than one beneficiary with any level of additional detail like "as his sole and separate property"

The area for the legal description could be a bit bigger and potentially fit many legal descriptions. Or it could be made to simply say "See Exhibit A" as is likely necessary for most anyway.

The guide should indicate what "homestead property" means so the user doesn't have to research the legal definition. (which turns out to be obvious, at least in my state, if you live there, it's your homestead.)

It would be helpful if an "Affidavit of Death" form were included in the package for instances where the current deed hasn't been updated to reflect a widowed owner as the sole owner before recording with only the one signature.

Reply from Staff

Thank you for your feedback. We really appreciate it. Have a great day!

Kathy D.

November 4th, 2021

Thank You, I will be looking forward to printing these files, and getting this Ladybird deed in place.

Reply from Staff

Thank you!

Sidney L.

July 22nd, 2022

Not a fan. Filling in the WI RE transfer return was simple enough. However, it downloaded as a DOR file and I can't find a program to open it. So, I have no way to print the form to complete the process.

Reply from Staff

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DAVID S.

January 16th, 2019

I was very impressed with the speed at which information was retrieved on my very first search. Unfortunately, the county we were looking for is behind times and has not digitized its information. I will be using Deeds.Com again and appreciate that I was not charged for no information being returned back. Thank You

David S

Reply from Staff

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walter m.

March 17th, 2019

directions and getting to forms, printing good, but I wish it could be more simply and clearly presented. We'll see how it finally works out

Reply from Staff

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Sophia G.

February 11th, 2022

Hassle free service , and don't have to wait in line

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Robert S.

December 21st, 2018

Were unable to help me because of the recorders office but credited my account promptly

Reply from Staff

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Jim P.

August 8th, 2022

Exactly what we were looking for and filled out everything in minutes. Great value!

Reply from Staff

Thank you!

Jo Anne C.

February 1st, 2021

Excellent documentation. Thank you.

Reply from Staff

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Alain L.

June 15th, 2021

deeds.com was able to turnaround my document in a matter of hours. I was also surprised at how easy their website was to navigate, considering other websites that offered the same service were so convoluted. Thank you again for the quick turnaround.

Reply from Staff

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Alan S.

September 19th, 2019

Very easy. Worked well. Will be glad to use the service again.

Reply from Staff

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