Quit Claim Deed Forms

Create a high quality document online now!

A Quit Claim Deed transfers the ownership or rights of property from a seller, or ‘Grantor’, to a buyer, or ‘Grantee’. This type of deed only transfers the rights of the real property from the current owner (if the ‘Grantor’ is the owner) and makes no guarantees about the title in regards to past owners. In short, there are no guarantees with this type of deed. Therefore, this makes this type of deed less secure when comparing to a General Warranty Deed or Special/Limited Warranty Deed.

Depending on the laws in the State, a Quit Claim will have to be completed in front of either two (2) witnesses or a Notary Public (or both). Afterward, the deed is usually filed with the Recorder’s Office in the County where the real estate is located or other recognized offices.

By State

Table of Contents

When to Use a Quit Claim Deed

Because of the uncertainty that comes with quit claim deeds, it is common to think that these documents are unreliable and aren’t worth the risk. You would be surprised then to learn that there are a lot of practical and convenient uses for a quit claim deed. Quitclaim deeds are used for:

1. Transfer real property between family members

Since this deed offers the least amount of buyer protection, it is often used for transferring properties between people that trust each other—such as family members. The grantor and the grantee then would either have knowledge about or be able to trust the claim to the title of the property.

Typical arrangements between family members include parents passing on their house to their adult children or siblings trading real property with each other. Often using the quitclaim deed in these scenarios means that there is no sell on the property or money trading hands.

2. Correct a defect on the title

Quitclaim deeds are also an efficient means of correcting a mistake on the title without extra costs and time in legal litigations. Mistakes can be as simple as a spelling error in the name of the title holder to something as complex as ambiguity around who the real title holder is. The quitclaim deed can resolve all of these by using the correct and intended information for the title that then is notarized by a county or city official.

Once such defects or inaccuracies are clarified using the quitclaim deed, a warranty deed or special warranty deed may be used to resolve any finer details about covenants in the transfer of property.

3. Add or remove a spouse or another individual from the title

Along with making corrections to the title, quit claim deeds can also add or remove a spouse from the title of the deed. Quitclaim deeds make it quick and easy to arrange properties after marriages or divorces. The process is very much similar to when one fixes a mistake in the title.

4. Avoid the probate process through transfer into a living trust

Quitclaim deeds are also an excellent means to transfer real property into a living trust. It cuts through the litigation process and can save time and money at the time of death.

The deed will already have given the title to the appropriate beneficiary making the probate process short or completely unnecessary. As long as the title and claim of the property are legitimate, there would be few means of contesting the transfer of the real estate in this way.

Now you see why the quit claim deed is an appealing real estate document as well.  It’s an invaluable asset when used in the proper means. Each state also has slightly different rules when it comes to using and writing quit claim deeds, so be sure to understand your state requirements before using this legal document.

How to File a Quit Claim Deed

Filing a quit claim deed will convey ownership to the Grantee. In order to properly submit this request there must be consideration (purchase price), sufficient description of the premises, with the form properly signed (depends on the State’s laws). The form will then be ready to file with the local recorder’s office completing the process.

Step 1 – Negotiate with the Owner

Like any ownership interest, there must be a price that is agreed upon by the parties. Most commonly, a quit claim is used when purchasing a portion of real estate interest. Therefore, there is usually no need for a real estate agent or other negotiating individual.

An attorney is always recommended to ensure the parties succeed in legally filing the transaction.

Step 2 – Gather the Required Information

In order for most county and city recorders to process the deed, the following information is required:

  • Preparer’s By – Individual that writes the form.
  • Where to Mail After Recording – Where to send the Deed after it is filed. This is usually the Grantee or their attorney.
  • Grantee’s Information – Buyer’s full name and mailing address.
  • Grantor’s Information – Seller’s full name and mailing address.
  • Consideration – Purchase Price ($).

Legal Description – Obtain the “Deed Book and Page Numbers” which can be found at the county or city recorder’s office. Often this is required to process. It is also recommended, although not required, to have the “Tax Map & Lot or Parcel ID” provided by the county or city assessor’s office included in the description.

Step 3 – Authorizing the Form

The form will need to be authorized in accordance with the respective State’s laws. This can be found here and usually consists of either two (2) witnesses and/or a notary public. Both Grantor and Grantee will be required to appear in front of the witnessing party.

Step 4 – File/Recording the Deed

The deed will now need to be recorded. Every jurisdiction in the United States has a recording office that can be found here depending on the State. Make sure to bring a blank check as there will be a filing fee that is set by the recording office.

Quit Claim Deed vs. Warranty Deed

Quitclaim deeds do not offer much buyer protection when it comes to the transfer or sale of real estate. They are simple and require the minimal amount of information to justify it as a legal document. This is what makes them so different from warranty deeds.

Warranty deeds are far more common in the sale of real estate because they provide what quit claim deeds do not. It addresses many of the finer points and takes more time to write up. Some of the additional information includes:

  • Warranty of the title and that the grantor has the authority to sell/trade the property
  • Legal insurance and responsibility if a third party challenges for the title to the property
  • Guarantee that there are no debts attached to the property or other unexpected burdens
  • Full description of the property, including its exact legal boundaries

Warranty deeds offer the most buyer protection and take the most time to set up. It has its obvious benefits, but that does not make the quit claim deed unattractive either.

Definitions

Consideration – This is the Purchase Price.

Grantor (the “Seller”) – This is the party that owns the property but is in the process of selling. Only the Grantor is required to sign the Quit Claim.

Grantee (the “Buyer”) – This the purchasing party that will have their information entered as and should be the individual where the Quit Claim returns to after it has been processed.

Legal Description – This usually has to be obtained either on the Local or County level. It is best to go online and find the property or contact your Local Assessor or Recorder. It is best to include the following in your description:

  • Tax Map/Lot Numbers
  • Deed Book & Page Numbers
  • Parcel Identification Number (if any)

*Mailing addresses are usually not included in the Legal Description.

Notary Public – Needed to acknowledge the signature of the Grantor in most States. (See Your State Signature Laws).

Preparer – This is the individual that is writing the document.

Receiver (After Recording, Return to) – The Grantee (Buyer) should be listed here or a mailing address for all real estate taxes and notices.

Witness(es) – In some States, Witnesses are required either as an option to having the form notarized or as a requirement alongside a Notary Public.

How to Write

Step 1 – In the header of the document you will need to write the individual’s name who created the document followed by who the deed will be returned to after it is filed. Most commonly, the deed is returned to the new owner (or ‘Grantee’).

quit-claim-deed-header

Step 2 – In the body of the form, the State and County where the property is located must be filled-in followed by the purchase price (if it was gifted then the price should be set at $1.00). The Grantor(s) should then be entered along with their marital status and mailing address. Followed by the Grantor(s) name, marital status, and mailing address.

quit-claim-deed-grantor-and-grantee

Step 3 – The legal description should then be entered and it should, per most State laws, contain the Map and Lot numbers as detailed by the County/Town Assessors (or Land Records) office along with the Deed Book and Page Numbers provided by the Recorder’s Office. Any additional information may be required such as maps or surveys describing the property in detail in order to accurately process the Deed.

quit-claim-deed-legal-description

Step 4 – On the Signature page the preparer of the document should enter the Grantor’s Name and Mailing Address. Depending on whether the for is to be signed in the presence of a Notary Public or 2 Witnesses, the 2 Witnesses names (if applicable) should be entered in typed format so that after printing all that is needed is for the Witnesses to sign.

quit-claim-deed-signature-page

If the Notary Public is required, their information must be left blank for recording purposes.

At this time the quitclaim deed is complete and the form may be processed at the County Recorder’s Office in the jurisdiction where the property is located.

Laws and Where to Record

After the form has been downloaded, completed, and signed it is ready to be recorded at the Registry of Deeds (or other County/Town office). The form may be filed at the respective office below:

State Laws Where to Record
Alabama No Statute County Probate Judge
Alaska AS 34.15.050 District Recorder’s Office
Arizona § 33-402 County Recorder’s Office
Arkansas § 18-12-209 Circuit Court (See Map)
California No Statute County Recorder’s Office
Colorado § 38-30-116 County Recorder’s Office
Connecticut Sections 47-36f and 47-36g County Recording Office (See Map of Counties)
Delaware § 121 Kent, New Castle, or Sussex County
Florida § 695.01(2) County Recording Office (See County Websites)
Georgia § 48-4-44 Clerk of the Superior Court
Hawaii Title 28, Section 502 Hawaii Bureau of Conveyances
Idaho § 55-612 County Recorder’s Office (See County Websites)
Illinois 765 ILCS 5/10 County Recorder’s Office
Indiana § 32-21-1-15 County Recorder’s Office (See County Websites)
Iowa § 558.19 County Recorder’s Office (See County Websites)
Kansas § 58-2204 County Recorder’s Office (See County Websites)
Kentucky No Statute County Clerk’s Office
Louisiana CC 1839 Clerk of Court’s Office
Maine Title 33, § 161 County Registry of Deeds
Maryland No Statute Division of Land Records at the Circuit Court
Massachusetts Chapter 183, Section 11 County Registry of Deeds
Michigan § 565.152 County Registry of Deeds
Minnesota § 507.07 County Recorder’s Office
Mississippi § 89-5-1 Clerk of the Chancery Clerk’s Office
Missouri Section 447.640.1 County Recorder of Deeds
Montana No Statute County Clerk and Recorder’s Office
Nebraska NRS 23-1510 County Recorder’s Office (See County Websites)
Nevada NRS 111.312 See List of County Recorder Websites
New Hampshire RSA 477:28 County Registry of Deeds Office
New Jersey Section 46:5-1 County Clerk’s Office
New Mexico Section 47-1-30 County Clerk’s Office
New York NY Real Prop L § 258 County Court Clerk’s Office (See County Websites)
North Carolina § 47B-8 County Registry of Deeds
North Dakota § 47-10-15 County Recorder’s Office
Ohio § 5302.11 County Recorder’s Office
Oklahoma § 16-41 County Clerk’s Office
Oregon § 93.865 County Recorder’s Office (See County Websites)
Pennsylvania § 91.164 County Recorder’s Office (See County Websites)
Rhode Island § 34-11-17 City/Town Office (varies by area) (See City/Town Websites)
South Carolina No Statute County Recorders of Deeds
South Dakota § 43-25-7 County Recorder’s Office
Tennessee § 66-5-103(2) County Recorder’s Office
Texas Section 13.002 County Register of Deeds (County Clerks Office)
Utah § 57-1-13 County Recorder’s Office (See County Websites)
Vermont 27 V.S.A. § 342 County Clerk’s Office
Virginia § 55-96 Clerk of the Circuit Court
Washington RCW 64.04.050 County Recorder’s Office (See County Websites)
West Virginia § 36-3-5 County Clerk’s Office
Wisconsin § 706.10(4) County Register of Deeds
Wyoming § 34-2-104 County Clerk’s Office

ABOUT SSL CERTIFICATES