Gift Deed - Arkansas

IMPORTANT LEGAL NOTICE
This Gift Deed conveys real property as a gift for love and affection, with no monetary consideration. Because no money (or only nominal consideration of $100 or less) changes hands, no Arkansas real property transfer tax is due (Ark. Code Ann. § 26-60-105 levies the tax only when consideration exceeds $100), but a DFA Real Property Transfer Tax Affidavit of Compliance must still accompany the deed at recording. Arkansas permits the two-disinterested-witness execution route stated in § 18-12-104, while a deed duly acknowledged as required by law is also effective without subscribing witnesses. Arkansas recognizes dower and curtesy — both spouses should sign. A gift of real property may have federal gift-tax and carryover-basis consequences. Obtain title insurance for full protection.

GIFT DEED

State of Arkansas

RECORDING INFORMATION

After Recording Return To:

Name: ________________________________________
Address: _____________________________________
City, State, ZIP: _____________________________

Prepared By:

Name: ________________________________________
Address: _____________________________________
Arkansas Bar No. (if attorney): _______________

Send Subsequent Tax Statements To (Grantee/Donee):

Name: ________________________________________
Address: _____________________________________

DEED INFORMATION

TRANSFER TAX (REAL PROPERTY TRANSFER TAX)

DFA Real Property Transfer Tax Affidavit of Compliance Required: ☐ Yes (always required, even when exempt — Ark. Code Ann. § 26-60-107)

Transfer Tax Treatment of This Gift

☐ No tax due — consideration is $100 or less. Under Ark. Code Ann. § 26-60-105, the transfer tax is levied only "when the consideration ... exceeds one hundred dollars ($100)." A bona fide gift (no money, or only nominal consideration) falls below the threshold; no documentary stamps are required.
☐ Other statutory exemption under Ark. Code Ann. § 26-60-102: ________________________________

NOTE: Even a fully exempt transfer requires the DFA Affidavit of Compliance at recording, with the exemption box checked; the circuit clerk must refuse recording if neither stamps nor a valid affidavit is present.

PARTIES

GRANTOR (Donor / Current Owner):

Name: [GRANTOR FULL LEGAL NAME]

Mailing Address: [FULL ADDRESS]

Marital Status:
☐ A single person
☐ A married person, spouse joining (RECOMMENDED to release dower/curtesy)
☐ A married person, conveying separate property

Entity Type (if applicable):
☐ An Arkansas limited liability company / corporation
☐ A [State] entity authorized to do business in Arkansas
☐ Trustee of [Trust Name]

GRANTEE (Donee / New Owner):

Name: [GRANTEE FULL LEGAL NAME]

Mailing Address: [FULL ADDRESS]

Relationship to Grantor: [e.g., child, grandchild, spouse, sibling, parent]

Manner of Holding Title:
☐ As a single person
☐ As husband and wife as tenants by the entirety
☐ As joint tenants with right of survivorship
☐ As tenants in common (____% and ____%)
☐ As an Arkansas limited liability company / corporation
☐ As Trustee of [Trust Name]

CONSIDERATION AND GIFT

Consideration Recital

KNOW ALL MEN BY THESE PRESENTS:

That [GRANTOR NAME] ("Grantor" or "Donor"), of [COUNTY] County, Arkansas, for and in consideration of the natural love and affection the Grantor has and bears for [GRANTEE NAME] ("Grantee" or "Donee"), of [COUNTY] County, [STATE], and for no monetary consideration (the recited sum of $0.00 / nominal Ten Dollars ($10.00) being acknowledged as nominal only), does make the gift described below.

THIS IS A BONA FIDE GIFT. THE GRANTOR HAS RECEIVED NO MONETARY CONSIDERATION IN RETURN.

Gift Statement

The Grantor makes a present, voluntary, and irrevocable gift of the Property to the Grantee, intending presently to divest the Grantor of, and to vest in the Grantee, all of the Grantor's right, title, and interest. The Grantee accepts this gift as set forth in the Delivery and Acceptance section below.

CONVEYANCE

Granting Clause

The Grantor does hereby GIVE, GRANT, AND CONVEY unto the Grantee, all of that certain property situated in [COUNTY] County, Arkansas, and more particularly described in Exhibit A attached hereto and made a part hereof for all purposes (the "Property").

Property Conveyed

TOGETHER with all and singular the rights, privileges, tenements, hereditaments, and appurtenances thereto belonging, including but not limited to:

☐ All improvements, buildings, structures, and fixtures
☐ All easements and rights-of-way appurtenant to the Property
☐ All rights in and to adjacent streets, alleys, and roads
☐ All water rights appurtenant to the Property
☐ All mineral rights (unless excepted below)

Habendum Clause

TO HAVE AND TO HOLD the Property, together with all and singular the rights and appurtenances thereto in anywise belonging, unto Grantee, Grantee's heirs, successors, and assigns forever.

WARRANTY ELECTION

Select ONE:

☐ OPTION A — Limited (Special) Warranty Against Grantor's Own Acts

Grantor hereby binds Grantor and Grantor's heirs, successors, and assigns to WARRANT AND FOREVER DEFEND the Property unto Grantee, Grantee's heirs, successors, and assigns, against the lawful claims of all persons claiming by, through, or under Grantor, but not otherwise. Grantor does NOT warrant against defects, liens, or claims arising before Grantor acquired title or created by prior owners.

☐ OPTION B — Quitclaim (No Warranty)

Grantor conveys only such right, title, and interest as the Grantor may have in the Property, WITHOUT ANY WARRANTY OF TITLE, express or implied. No covenant under Ark. Code Ann. § 18-12-102 or otherwise shall be implied; the Grantee accepts the Property "AS IS."

EXCEPTIONS

This conveyance is made and accepted SUBJECT TO the following:

Standard Exceptions

☐ Taxes and assessments for the current year and subsequent years, not yet due and payable
☐ Visible and apparent easements on the Property
☐ All presently recorded restrictions, reservations, covenants, conditions, and easements
☐ Building and zoning laws and regulations
☐ Rights of parties in possession

Existing Mortgage / Lien

NOTICE TO DONEE: If any mortgage, deed of trust, or lien remains on the Property, the Grantee takes the Property SUBJECT TO that encumbrance unless released. This gift does not satisfy or assume any such debt unless expressly stated.

Specific Exceptions

1. [LIEN/ENCUMBRANCE DESCRIPTION] — Recorded in Book _____, Page _____, Records of [COUNTY] County, Arkansas
2. [EASEMENT DESCRIPTION] — Recorded in Book _____, Page _____, Records of [COUNTY] County, Arkansas

☐ See Exhibit B for additional exceptions

DOWER, CURTESY, AND HOMESTEAD

☐ Grantor is unmarried and no dower/curtesy rights apply
☐ Grantor is married and spouse is joining in this conveyance to release dower, curtesy, and homestead rights
☐ Spouse has separately released dower/curtesy rights

IMPORTANT: Arkansas is one of the few states that continue to recognize traditional common-law dower and curtesy. Both spouses should sign a deed transferring real estate owned by either spouse — even non-homestead property.

DELIVERY AND ACCEPTANCE

Delivery

A gift of real property is complete only upon delivery by the Grantor with present donative intent and acceptance by the Grantee. The Grantor declares that this Gift Deed is delivered to the Grantee (or recorded for the Grantee's benefit) as a completed present gift.

Donee's Acceptance

The undersigned GRANTEE/DONEE hereby ACCEPTS this gift of real property.

________________________________________
[GRANTEE NAME] — Signature of Donee
Date: ___________________________________

GIFT-TAX NOTE (Federal)

FEDERAL GIFT TAX (NOTICE TO DONOR). A gift of real property may be a reportable gift (26 U.S.C. § 2501 et seq.). The donor — not the donee — is generally liable for any federal gift tax (26 U.S.C. § 2502).

• Annual exclusion: $19,000 per donee for 2026 (indexed). A real-estate gift typically exceeds this, so the donor will usually need to file IRS Form 709.
• Lifetime exemption: $15,000,000 per donor for 2026 (26 U.S.C. § 2010(c)(3), as amended). Filing does not mean tax is owed; the taxable amount is applied against this exemption.
• Carryover basis (26 U.S.C. § 1015): The donee generally takes the donor's adjusted cost basis (carryover basis), NOT a stepped-up basis — which can create capital-gains tax for the donee on a later sale.

Consult a qualified tax advisor before completing this gift.

EXECUTION

EXECUTED this _____ day of _________________, 20_____.

GRANTOR SIGNATURE(S)

Individual Grantor / Donor:

________________________________________
[GRANTOR NAME]

Spouse of Grantor (RECOMMENDED to release dower/curtesy):

________________________________________
[SPOUSE NAME]

Entity Grantor:

[ENTITY NAME]

By: ____________________________________
Name: __________________________________
Title: _________________________________

OPTIONAL WITNESS SIGNATURES (Two Disinterested Witnesses under Ark. Code Ann. § 18-12-104)

IMPORTANT: Section 18-12-104 states a two-disinterested-witness execution route. Arkansas Supreme Court authority also recognizes a deed duly acknowledged as required by law as effective without subscribing witnesses. Do not require these witness signatures in addition to the acknowledgment below.

Witness 1:
________________________________________
Printed Name: ___________________________
Date Witnessed: _________________________

Witness 2:
________________________________________
Printed Name: ___________________________
Date Witnessed: _________________________

ACKNOWLEDGMENT

Individual Acknowledgment (Arkansas)

STATE OF ARKANSAS       )
                        ) ss.
COUNTY OF _____________ )

On this _____ day of _________________, 20_____, before me, the
undersigned Notary Public, within and for said County and State,
personally appeared ____________________________________________,
to me known to be the identical person(s) who executed the within
and foregoing instrument, and acknowledged that he/she/they executed
the same as his/her/their free and voluntary act and deed for the
uses and purposes therein set forth.

IN WITNESS WHEREOF, I have hereunto set my hand and affixed my
official seal the day and year first above written.

________________________________________
Notary Public
My Commission Expires: _________________

[NOTARY SEAL]

Entity Acknowledgment (Arkansas)

STATE OF ARKANSAS       )
                        ) ss.
COUNTY OF _____________ )

On this _____ day of _________________, 20_____, before me, the
undersigned Notary Public, within and for said County and State,
personally appeared ____________________________________________,
to me known to be the _________________________ [title] of
_________________________________________________ [entity name],
and acknowledged that he/she executed the foregoing instrument
as the free and voluntary act and deed of said entity for the
uses and purposes therein set forth.

IN WITNESS WHEREOF, I have hereunto set my hand and affixed my
official seal the day and year first above written.

________________________________________
Notary Public
My Commission Expires: _________________

[NOTARY SEAL]

EXHIBIT A - LEGAL DESCRIPTION

Property Address:
[STREET ADDRESS]
[CITY], Arkansas [ZIP]

Parcel Identification Number: [NUMBER]

Legal Description:

[INSERT COMPLETE LEGAL DESCRIPTION FROM TITLE COMMITMENT OR SURVEY]

Example formats:

• Lot ___, Block ___, [SUBDIVISION NAME], an addition to the City of [CITY], [COUNTY] County, Arkansas, as per plat recorded in Plat Book ___, Page ___, of the records of [COUNTY] County, Arkansas.
• Part of the [DIRECTION] Quarter of the [DIRECTION] Quarter of Section ___, Township ___ [N/S], Range ___ [E/W], [COUNTY] County, Arkansas, more particularly described as: [METES AND BOUNDS]

County: [COUNTY], Arkansas

EXHIBIT B - SPECIFIC EXCEPTIONS (If Applicable)

1. ________________________________________________________________
2. ________________________________________________________________
3. ________________________________________________________________

ARKANSAS RECORDING REQUIREMENTS

Filing Information

• Filing Office: Circuit Clerk, [COUNTY] County, Arkansas
• Recording Fee: Varies by county (check with Circuit Clerk)
• Transfer Tax: $3.30 per $1,000 of consideration — none due on a gift (consideration $100 or less, Ark. Code Ann. § 26-60-105)

Document Requirements

☐ Original signatures in black or blue ink
☐ Either two-disinterested-witness execution under Ark. Code Ann. § 18-12-104 or a proper acknowledgment for recording
☐ DFA Real Property Transfer Tax Affidavit of Compliance (always required; check exemption box)
☐ Grantee's address stated for tax statements
☐ Legible, minimum 8-point font

Statutory References

• Ark. Code Ann. § 18-12-104 — Two-disinterested-witness execution route; duly acknowledged execution is an effective alternative
• Ark. Code Ann. §§ 18-12-201, 18-12-205 — Acknowledgment for recording
• Ark. Code Ann. § 26-60-105 — Transfer tax levied only when consideration exceeds $100
• Ark. Code Ann. § 26-60-102 — Exempt transfers
• Ark. Code Ann. § 26-60-107 — Affidavit of Compliance form

TITLE INSURANCE NOTICE

IMPORTANT: Because a gift deed conveys with limited or no warranty, Grantee is STRONGLY ADVISED to obtain an owner's policy of title insurance from a licensed title insurance company.

☐ Grantee acknowledges receipt of this recommendation

SOURCES AND REFERENCES

• Ark. Code Ann. § 26-60-105 (transfer tax; $100 threshold) — https://law.justia.com/codes/arkansas/title-26/subtitle-5/chapter-60/section-26-60-105/
• Ark. Code Ann. § 26-60-102 (exempt transfers) — https://codes.findlaw.com/ar/title-26-taxation/ar-code-sect-26-60-102/
• Ark. Code Ann. § 18-12-104 (two-disinterested-witness execution route); §§ 18-12-201, 18-12-205 (acknowledgment)
• IRS, What's New — Estate and Gift Tax (2026 exclusion amounts) — https://www.irs.gov/businesses/small-businesses-self-employed/whats-new-estate-and-gift-tax
• 26 U.S.C. §§ 2501, 2502 (federal gift tax); § 1015 (carryover basis)

END OF GIFT DEED

Arkansas Code Annotated Title 18, Chapter 12; Title 26, Chapter 60