» Deed Forms – Quit Claim, Warranty, and Special Warranty

Deed Forms – Quit Claim, Warranty, and Special Warranty

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A deed form is a document that is used to transfer the ownership of real property from one (1) party to another, grantor to grantee. This is typically filled-in at the conclusion of a sale, referred to as the ‘closing’, and filed with the County Registry of Deeds.

Forms By Type

There are 3 popular ways to convey property:

General Warranty – Guarantees title for the Grantor’s time on the Property (the Seller) and also during the time for all previous owners of the real estate (also known as ‘fee simple).

Quit Claim – Mainly for situations when the ownership of real estate will transfer due to business, divorce, litigation, or between family. Typically, there is not a financial transfer from the party receiving title to the party that is granting it. There is no guarantee given by the transferring party that there aren’t any defects to the title of the property.

Special Warranty Deed – Only guarantees title over the course of the Grantor’s (Seller’s) ownership of the property. All prior ownership records are not covered.

Table of Contents

Forms By State

Ownership Types

By more than one (1) individual or entity, there are three (3) types of ownership interest in property:

Joint Tenants (Rights of Survivorship) – If one (1) of the Spouses were to die then the other Spouse would obtain their ownership interest in the Property.

Tenants in Common – Spouses are allowed to sell their ownership interest without the approval of the other and if one (1) of the Spouses were to die the ownership of the property would transfer to the Heirs listed in their Last Will and Testament.

Tenants by the Entirety – Does not allow one (1) Spouse to sell their interest in the property without the other’s consent.

Signing Requirements and Where to Record

In each of the following States, the Grantor(s) only, will have to sign the Deed with the following requirements. After the deed has been completed and signed it is ready to be filed with the Recorder’s Office (in some States it is with the Clerk of Court). Below you can find which office to file the deed in your State.

State Signing Requirements Where to Record
 Alabama 2 Witnesses or a Notary Public (§ 35-4-20) County Probate Judge
 Alaska Notary Public (AS 34.15.150) District Recorder’s Office
 Arizona Notary Public (§ 33-401) County Recorder’s Office
 Arkansas 2 Disinterested Witnesses and a Notary Public (§ 16-47-106) Circuit Court (See Map)
 California Notary Public (Section 27287) County Recorder’s Office
 Colorado Notary Public (§ 38-35-103) County Recorder’s Office
 Connecticut Notary Public and 2 Witnesses (§ 47-5) County Recording Office (See Map of Counties)
 Delaware Notary Public (§ 122) Kent, New Castle, or Sussex County
 Florida 2 Witnesses and a Notary Public (§ 695.03) County Recording Office (See County Websites)
 Georgia Notary Public and 2 Witnesses (§ 44-5-30§ 44-2-15) Clerk of the Superior Court
 Hawaii Notary Public (§ 502-41) Hawaii Bureau of Conveyances
 Idaho Notary Public (§ 55-805) County Recorder’s Office (See County Websites)
 Illinois Notary Public (765 ILCS 5/20) County Recorder’s Office
 Indiana Notary Public (§ 32-21-2-3) County Recorder’s Office (See County Websites)
 Iowa Notary Public (§ 558.31) County Recorder’s Office (See County Websites)
 Kansas Notary Public (§ 58-2205) County Recorder’s Office (See County Websites)
 Kentucky 2 Witnesses or a Notary Public (KRS 382.130) County Clerk’s Office
 Louisiana 2 Witnesses and a Notary Public (CC 1839) Clerk of Court’s Office
 Maine Notary Public ( Title 33, § 203) County Registry of Deeds
 Maryland Notary Public (§ 3-104) Division of Land Records at the Circuit Court
 Massachusetts Notary Public (Chapter 183, Section 29) County Registry of Deeds
 Michigan Notary Public (§ 565.201) County Registry of Deeds
 Minnesota Notary Public (§ 507.24) County Recorder’s Office
 Mississippi Notary Public (§ 89-3-7) Clerk of the Chancery Clerk’s Office
 Missouri Notary Public (§ 442.150) County Recorder of Deeds
 Montana Notary Public (§ 70-21-203) County Clerk and Recorder’s Office
 Nebraska Notary Public (NRS 76-211) County Recorder’s Office (See County Websites)
 Nevada Notary Public (NRS 111.105) See List of County Recorder Websites
 New Hampshire Notary Public (§ 477:3) County Registry of Deeds Office
 New Jersey Notary Public (Section 46:4-1) County Clerk’s Office
 New Mexico Notary Public (Section 47-1-44) County Clerk’s Office
 New York Notary Public (RPP § 306) County Court Clerk’s Office (See County Websites)
 North Carolina Notary Public (§ 47-38) County Registry of Deeds
 North Dakota Notary Public (§ 47-19-03) County Recorder’s Office
 Ohio Notary Public (§ 5301.01) County Recorder’s Office
 Oklahoma Notary Public (§ 16-26) County Clerk’s Office
 Oregon Notary Public (§ 93.410) County Recorder’s Office (See County Websites)
 Pennsylvania Notary Public (21 P.S. § 42) County Recorder’s Office (See County Websites)
 Rhode Island Notary Public (§ 34-11-1.1) City/Town Office (varies by area) (See City/Town Websites)
 South Carolina 2 Subscribing Witnesses or Notary Public (§ 30-5-30) County Recorders of Deeds
 South Dakota 1 Subscribing Witness or Notary Public (§ 43-25-26) County Recorder’s Office
 Tennessee 2 Witnesses or a Notary Public (§ 66-5-106) County Recorder’s Office (See Counties Map)
 Texas Notary Public (Section 11.002(c)) County Register of Deeds (County Clerk’s Office)
 Utah Notary Public (§ 57-3-101) County Recorder’s Office (See County Websites)
 Vermont Notary Public (27 V.S.A. § 301) County Clerk’s Office
 Virginia 2 Witnesses or Notary Public (§ 55-106) Clerk of the Circuit Court
 Washington Notary Public (RCW 64.04.020) County Recorder’s Office (See County Websites)
 West Virginia 2 Witnesses or a Notary Public (§ 39-1-2) County Clerk’s Office
 Wisconsin Notary Public (§ 706.06) County Register of Deeds
 Wyoming Notary Public (§ 34-26-107) County Clerk’s Office

How to Write

Step 1 – The writer of the Deed will want to verify with the County Registry to ensure that the Grantor (Seller) is in fact the owner of the Property. When viewing the deed it should detail how the said deed was transferred to the Grantor. It will usually read one of three (3) options: General Warranty, Quit-Claim, or Special Warranty. Barring any setbacks by the Title Insurance Company, it will be the same deed type.

Step 2 – Input the information of the Buyer and Seller or Grantee and Grantor respectively. After the monetary transaction has occurred the deed may be recorded with the County Registry and the transaction has been completed.


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