Free Gift Affidavit Form

Use a gift affidavit when you need written proof that someone gave money, property, or another valuable item freely. A gift affidavit is especially helpful when:

• You receive a valuable gift from a family member, friend, or another individual.
• The gift includes cash, securities, jewelry, equipment, furniture, collectibles, or family heirlooms.
• A tax office, bank, lender, insurer, court, or other third party asks for proof that the transfer was a gift.

A gift affidavit works best when you need proof of the gift itself. Use Legal Templates to create a gift affidavit for cash, personal property, or other valuable gifts. For home purchase funds, we also offer a gift letter for a mortgage. For vehicle transfers, use our gifted car bill of sale or check your state’s title rules.

A gift affidavit should answer the questions a reviewer will ask first: Who gave the gift? Who received it? What was given? Was anything given back? Use these steps to fill out your gift affidavit.

1. Add the Donor’s Details

Start with your information as the donor. Include your full name, date of birth, address, phone number, and Social Security number (SSN). These details help identify you as the person giving the gift. You should also list the state that governs the document in case questions or disputes come up later.

2. Add the Donee’s Information

Next, add the donee’s full name and address. The donee is the person receiving the gift, so this section should clearly state who will own the item after the transfer.

3. Describe the Gift

Describe the gift with enough detail to show exactly what’s being transferred. For example, if you’re creating a gift affidavit for a car, include the vehicle’s:

• Make
• Model
• Vehicle identification number (VIN)
• Value
• Title number
• Any remaining debt on the vehicle
• Whether the donee will take over that debt

These details connect the affidavit to the specific vehicle being gifted. You may also want to attach a copy of the vehicle title as an exhibit.

4. Get Signatures

Both the donor and donee should sign the gift affidavit. Their signatures confirm that they understand the transfer is a gift and that the donor doesn’t expect payment or anything else in return.

5. Notarize the Document

Notarization may not always be required, but it can make the affidavit stronger. A notary helps verify the identities of the people signing and can make the document easier to rely on if the transfer is ever challenged.

Review a sample gift affidavit to see how to describe the gift, identify the donor and donee, and confirm that nothing of equal value was given in return. Then customize and download your template in Word and PDF.

A gift affidavit doesn’t automatically make a gift tax-free. It can help prove that money, property, or another item was given as a gift, not sold, but tax rules still apply. For federal tax purposes, the IRS generally looks at whether the giver received full payment or equal value in return. The donor is usually responsible for any gift tax, not the person receiving the gift. Some gifts may be excluded, including:

• Gifts under the annual exclusion
• Certain tuition or medical payments
• Gifts to a spouse
• Gifts to qualifying charities

For example, if a parent gives their child $25,000 in cash, a gift affidavit can help document that the money was a gift, not a loan. The affidavit supports the record, but tax rules still determine whether the gift needs extra reporting. Use the item’s fair market value if the affidavit asks for the gift’s value, then keep the completed affidavit with your records. It can help support the transfer, but you may still need IRS forms, title documents, or tax guidance.