Free Gift Deed Template
Transfer real property or personal property as a gift with a legally structured U.S. deed. Fill in your details, download a professional PDF in minutes — valid across all American states.
FOR AND IN CONSIDERATION of love and affection and the sum of One Dollar ($1.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Grantor does hereby GIFT, GRANT, BARGAIN, SELL, AND CONVEY to the Grantee, the Grantee's heirs, successors, and assigns forever, the property described in Section 1 below, TO HAVE AND TO HOLD the same in fee simple, subject to the terms and conditions of this Deed.
Street Address: 152 Maplewood Lane, Greenville, SC 29601
County: Greenville
State: South Carolina
Assessor's Parcel Number (APN): 0145-09-04-022
Legal Description:
All that certain piece, parcel, or lot of land, with all improvements thereon, situate, lying, and being in the City of Greenville, County of Greenville, State of South Carolina, being shown and designated as Lot No. 22, Block 4, Section 9 of Maplewood Heights Subdivision, as shown on plat recorded in Plat Book 45, Page 122, in the Office of the Register of Deeds for Greenville County, South Carolina.
Approximate Fair Market Value: 385,000.00 USD — recited solely for federal gift-tax computation purposes (IRS Form 709) and not as consideration.
(a) Donative Intent. The Grantor presently intends to make a gift of the Property and to part with all dominion and control over it.
(b) Capacity. The Grantor is of sound mind, of legal age, and is not acting under fraud, duress, or undue influence.
(c) No Consideration. No monetary or other consideration has been requested or received by the Grantor in exchange for this Gift, except as may be recited herein for nominal purposes ($1.00) or for tax-recital purposes only.
(d) Voluntary Act. This Gift is being made freely and voluntarily, and the Grantor has had the opportunity to seek independent legal and tax advice with respect to this transfer.
For real property, the parties acknowledge that under U.S. law a gift of real property is not complete until the deed is signed by the Grantor, delivered (actually or constructively) to the Grantee, and accepted by the Grantee. Recording of this Deed shall constitute conclusive evidence of delivery and acceptance for the purposes of public notice.
The life tenant shall be responsible for ordinary maintenance, real property taxes, and hazard insurance during the life estate. The remainderman (Grantee) shall not be entitled to possession or rents during the life estate.
(a) Annual Exclusion. Gifts to any one Grantee during a calendar year that do not exceed the federal annual exclusion amount (US$18,000 for 2024) generally do not require the filing of a gift tax return.
(b) Lifetime Exemption. Gifts in excess of the annual exclusion are reportable on IRS Form 709 but generally do not result in tax owed until the Grantor exhausts the lifetime gift and estate tax exemption (US$13.61 million for 2024).
(c) Spousal Gifts. Gifts between U.S.-citizen spouses are generally unlimited in amount and not reportable.
(d) Carryover Basis. The Grantee's cost basis in the Property for U.S. federal income tax purposes is the Grantor's adjusted basis (carryover basis) under IRC § 1015, not the fair market value at the date of gift. This is materially different from inherited property, which receives a stepped-up basis under IRC § 1014.
The parties are encouraged to consult a qualified U.S. tax advisor regarding the specific tax consequences of this transfer.
(a) the Grantor is lawfully seized of the Property in fee simple;
(b) the Grantor has good right and lawful authority to convey the Property;
(c) the Property is free and clear of all encumbrances except as listed below;
(d) the Grantor warrants and will forever defend the title to the Property against the lawful claims of all persons whomsoever.
Transfer Tax Exemption. This conveyance is exempt from documentary transfer tax pursuant to S.C. Code Ann. § 12-24-40 (gift transfers between specified family members), because it is a gift made without consideration.
If any provision of this Deed is held invalid or unenforceable, such invalidity shall not affect the remaining provisions, which shall remain in full force and effect.
State of South Carolina
County of Greenville
On _____________________, before me, _____________________, a Notary Public in and for said state, personally appeared Margaret Eleanor Whitfield, who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity, and that by his/her/their signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of South Carolina that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Notary Signature: _____________________________
Notary Name (printed): _____________________________
Commission Expires: _____________________________
[Notary Seal]
RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO:
James Robert Whitfield
305 Riverside Avenue, Apt 4B Greenville, SC 29605
What Is a Gift Deed?
A gift deed is a legal document used throughout the United States to transfer ownership of property from one person (the grantor) to another (the grantee) without any exchange of money or other consideration. The transfer is made voluntarily as a gift, and once completed, the grantee becomes the full legal owner of the property. U.S. gift deeds are most commonly used for transfers between family members, such as parents conveying a home to their children or grandparents transferring land to grandchildren.
For real property, a U.S. gift deed functions like any other deed: it must contain a legal description of the property, be signed by the grantor, and, in most American states, be notarized and recorded with the county recorder's office. The recording provides public notice of the ownership change and protects the grantee's interest against future claims by third parties.
Gift deeds also have important U.S. tax implications. The grantor may need to file a federal gift tax return (IRS Form 709) if the gift exceeds the annual exclusion amount. However, no gift tax is typically owed until the grantor exceeds their lifetime exemption. The grantee does not pay American income tax on the gift itself, but they receive the grantor's original cost basis, which affects capital gains tax if the property is later sold. Understanding these U.S. tax consequences is essential before executing a gift deed.
What's Covered in This Template
Doxuno's gift deed template includes all the essential provisions for a legally valid property transfer by gift in any US state.
Grantor & Grantee Details
Property Description
Gift Declaration
Effective Date
Deed Type Selection
Conditions & Reservations
Title Warranties
Tax Considerations
Governing Law
Notarization Block
Acceptance Clause
Recording Instructions
How to Create Your Gift Deed
Doxuno's template guides you through every section. Complete the form and download your gift deed in minutes.
- 1
Enter grantor and grantee information
Provide the full legal names, addresses, and marital status of both the grantor (the person giving the property) and the grantee (the person receiving it). If the property is jointly owned, all owners must be listed as grantors.
- 2
Describe the property being gifted
For real property, enter the full legal description as it appears on the current deed, including the county, state, parcel number, and any lot or block references. For personal property, provide a detailed description with serial numbers or other identifying details.
- 3
Specify the gift terms
Confirm that the transfer is a bona fide gift with no consideration expected in return. If there are any conditions, such as a life estate reserved by the grantor or restrictions on future use, include them in this section.
- 4
Select the deed type and warranties
Choose whether the gift deed is a warranty deed (grantor guarantees clear title), a special warranty deed (limited title guarantee), or a quitclaim deed (no title guarantees). The choice affects the level of protection the grantee receives.
- 5
Download, sign, and record
Review the completed document and download your professional PDF. For real property, the deed must be signed by the grantor, notarized, and recorded with the county recorder's office where the property is located to complete the legal transfer.
Legal Considerations for Gift Deeds
While this template is designed to work across all US states, real property laws and recording requirements vary significantly. Review the following considerations before executing your gift deed.
This template is provided for informational purposes and does not constitute legal advice. For high-value property transfers, properties with mortgages or liens, or if you are unsure about tax implications, consult a licensed attorney and tax professional in your jurisdiction.
Reviewed by legal professionals. The content on this page and the template clauses have been reviewed by licensed attorneys in the United States to ensure accuracy and legal soundness for standard property gift transfers.
Federal Gift Tax
The grantor may need to file IRS Form 709 if the value of the gift exceeds the annual exclusion amount ($18,000 per recipient for 2024). No gift tax is typically owed until the grantor exceeds their lifetime gift and estate tax exemption ($13.61 million for 2024). Gifts between spouses who are both US citizens are generally unlimited and tax-free.
Cost Basis and Capital Gains
When property is gifted, the grantee receives the grantor's original cost basis (known as "carryover basis"). This means if the grantee later sells the property, capital gains tax is calculated based on what the grantor originally paid, not the property's value at the time of the gift. This is different from inherited property, which receives a "stepped-up basis" to fair market value at the time of death.
Recording Requirements
For real property, the gift deed must be recorded with the county recorder's office in the U.S. county where the property is located. Most American counties charge a recording fee, and some U.S. states also impose a documentary transfer tax, though many states exempt intrafamily gifts from this tax. An unrecorded deed is valid between the parties but does not protect the grantee against third-party claims.
Mortgaged Property
Transferring property with an existing mortgage does not eliminate the mortgage obligation. Most mortgages include a due-on-sale clause that allows the lender to demand full repayment upon transfer. Some intrafamily transfers are protected from due-on-sale enforcement under the federal Garn-St. Germain Act, but this protection is not universal. Always review your mortgage terms before executing a gift deed.
Frequently Asked Questions
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