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Deed Forms

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Updated February 12, 2024

A deed conveys the ownership of property from a seller (“grantor”) to a buyer (“grantee”). After completing the deed, it is recorded in the local registry of deeds. Transferring the property may incur transfer taxes, which must be paid at the recording time.

By Type (4)

General Warranty Deed – Guarantees that the grantor has the full authority, also known as “fee simple,” to transfer the title to the grantee.

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Quit Claim Deed – Commonly used when the grantor transfers property for business, divorce, litigation, or between family without a financial exchange. There is no guarantee given by the grantor that there aren’t any defects to the title of the property.

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Special Warranty Deed – Guarantees the rights to the title from the grantor’s time of ownership but not from any prior owners. Less commonly used but useful in some cases.

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Transfer on Death Deed – Allows a grantor to designate a specific beneficiary to receive real estate property upon death, bypassing the probate process.

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By State

 

Table of Contents

Ownership Types

There are three types of ownership interest in property:

Joint Tenants (Rights of Survivorship) – If one of the spouses becomes deceased, the other spouse obtains their ownership interest in the property.

Tenants in Common – Spouses are allowed to sell their ownership interest without the approval of the other. If one of the spouses becomes deceased, 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 spouse to sell their interest in the property without the other’s consent.

Signing Requirements & Where to Record

In each of the following states, only the grantor(s) have to sign the deed under the following requirements. After the deed has been completed and signed, it is ready to be filed with the Recorder’s Office (or the Clerk of Court in some states).

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 1 Other Witness (§ 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
 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 Recorders
 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 Registry of Deeds
 Tennessee 2 Witnesses or a Notary Public (§ 66-5-106) County Recorder’s Office
 Texas 2 Witnesses or a Notary Public (§ 12.001)) 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 (§ 34-1-113) County Clerk’s Office