Gift deeds: what they do and how to file one
Transfers property to someone as an outright gift, for no payment.
What a gift deed is
A gift deed transfers property with no money changing hands, and it says so on its face. Stating the donative intent matters: it supports a transfer-tax exemption in most states and it documents that the recipient paid nothing, which is exactly what a recorder, an assessor, and later the IRS will want to see. Mechanically it operates like a quitclaim. Immediate, and without title warranties.
Gift deed, in one sentence
Transfers property to someone as an outright gift, for no payment.
When to use one
- Give a house or land to a child or grandchild
- Transfer property to a sibling or parent for no payment
- Document donative intent for a transfer-tax exemption
- Make a charitable gift of real estate
What it does not do
Every deed has hard limits, and most disappointment comes from not knowing them in advance.
- The recipient takes your original cost basis, not the current market value. A later sale can produce a large capital-gains bill that inheriting the property would have avoided.
- A gift over the annual exclusion requires you to file IRS Form 709, even if no tax is due.
- It is irrevocable once delivered and recorded. You can't take the property back if the relationship changes.
- Gifting a property within Medicaid's look-back period can create a penalty period for long-term-care eligibility.
How it compares to the other deeds
| Deed | Title protection | When it transfers | Reversible? |
|---|---|---|---|
| Quitclaim deed | None | Immediately on delivery | No |
| General warranty deed | Full. Warrants against all claims, ever | Immediately on delivery | No |
| Special warranty deed | Limited, only the grantor's own ownership period | Immediately on delivery | No |
| Transfer-on-death deed | Not applicable | At the owner's death | Yes, while you're alive |
| Lady bird deed | Not applicable | At the owner's death | Yes, while you're alive |
| Life estate deed | Not applicable | At the owner's death | No |
| Gift deed | None | Immediately on delivery | No |
Where it is available
Gift deeds are recognized in all 50 states and the District of Columbia. What differs state to state is the execution: 4 states require witnesses in addition to a notary, first-page margins run from 1 to 3.5 inches, and the accompanying tax declarations are different everywhere.
How to create one
- Confirm it is the right instrumentStart from what you're trying to accomplish rather than the deed name. The goal picker maps the outcome to the instrument and tells you when a deed is the wrong tool entirely.
- Get your state's requirementsWitness rules, notary block wording, page margins, and the tax declarations that must accompany the deed all vary. Pick your state below for the specifics.
- Copy the legal description exactlyFrom your prior recorded deed, word for word. This is the single most common reason a DIY deed fails to transfer what the owner intended.
- Sign in front of a notaryNever in advance. Bring photo ID, and witnesses if your state requires them.
- Record it with the countyIn the county where the property sits. Recording is what puts the world on notice and fixes your priority date.
$39, one time. Read the finished document before you pay.
By state
Gift deed requirements, state by state
Witness rules, margins, transfer taxes, recording fees, and the forms that have to travel with the deed.
States that do not recognize gift deeds
These pages explain why, and what people in those states use instead.
Common questions
Transfers property to someone as an outright gift, for no payment. A gift deed transfers property with no money changing hands, and it says so on its face. Stating the donative intent matters: it supports a transfer-tax exemption in most states and it documents that the recipient paid nothing, which is exactly what a recorder, an assessor, and later the IRS will want to see. Mechanically it operates like a quitclaim. Immediate, and without title warranties.
An attorney charges roughly $300–$1,200 to draft one, about $690 on average. LegalZoom is $249–$289, and that includes filing it with the county for you. Deedly is $39 and you record it yourself. On top of any of these you pay your county's recording fee, usually $10–$100, plus any state transfer tax, and $5–$25 for notarization if your bank doesn't do it free.
No state requires an attorney to prepare a deed. What the law requires is the correct statutory language, an accurate legal description, proper signatures and notarization, and recording with the right office. You should use an attorney when ownership is disputed, when the owner has died and the estate has not been probated, when the transfer is tax-sensitive, or when Medicaid planning is involved, and Deedly asks about all of those before it lets you start.
About ten minutes to complete the interview, assuming you have your prior deed to hand for the legal description. Notarization takes a few minutes at a bank or shipping store. Recording is same-day if you go in person or use e-recording, and one to three weeks by mail before the stamped original comes back.
Keep reading
- Quitclaim deedTransfers whatever interest you have in a property, with no promises about the title.
- General warranty deedTransfers ownership with the strongest title guarantees the law allows.
- Special warranty deedTransfers ownership, but only guarantees the title for the period you owned it.
- Transfer-on-death deedNames who inherits your property, skips probate, and changes nothing while you're alive.
- Deed rules by stateRequirements, fees, and recording offices for all 51 jurisdictions.
- All guidesPlain-English explanations of how deeds actually work.
Deedly is not a law firm
We provide self-help software and state-specific statutory forms; you make your own decisions about your property. Using Deedly does not create an attorney-client relationship, and nothing here is legal advice. If your situation is complex or contested, talk to a licensed attorney in your state.