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What Is a Quitclaim Deed?
Quitclaim deeds are best used between people who trust each other, such as family members, spouses, or close friends. The speed and simplicity of quitclaim deeds deem it valuable in many situations, even with the forfeit of guarantees. Whether gifting property to a child or updating the title after a divorce, a quitclaim deed makes the process fast, simple, and affordable. In the end, the property owner removes their interest in the property, transferring it to the named recipient (the grantee).
Common Uses for a Quit Claim Deed
Quitclaim deeds are helpful when used in the proper context, saving time and money.
Transferring Property Between Family or Trusted Parties
This is the most common use of a quitclaim deed. The lack of guarantees is not as cornering when there’s already trust in place, such as a parent passing a residence to their children or sibling swapping properties.
Fixing a Title Error or Defect
Errors in the title, such as misspelled names, outdated addresses, or incorrect legal descriptions, can all be fixed simply with a quitclaim deed. With no court hearing needed, it’s a straightforward way to clean up the title.
Adding or Removing Someone From the Title
Marriage and divorce often require changes to the property title. Quitclaim deeds make adding a new spouse or removing a former one simple.
Transferring Property Into a Trust
A quitclaim deed may be used to avoid or simplify probate, transferring the property into a living trust so the residence transfers directly to the beneficiary without court involvement.
How to File a Quitclaim Deed (Step-by-Step)
Quitclaim deeds are one of the fastest and most efficient ways to transfer real estate—especially when the grantor and grantee trust each other, and the title is clear of defects. To complete the transfer, the deed must include consideration (a purchase price, even if minimal), a proper legal description of the property, and be signed according to state law. Once signed, it must be filed with the local recorder’s office to convey ownership to the grantee officially.
Step 1: Fill Out the Form
The first step is to gather the required information. Within our online form, these items are required to process the deed:
- Full names and marital status of both the grantor (current owner) and grantee (recipient)
- Legal description of the property (not just the street address)
- Purchase price or consideration (even if symbolic, such as $1 or $10 for gifts)
- Return mailing address for the recorded deed
- County and state where the property is located
- Current ownership type (individual, joint owners, business entity, or trust)
- Notary details, if required by state law
Step 2: Sign in Front of a Notary or Witnesses
State laws vary, but most require notarization; some require witnesses to authorize the form for both the grantor and grantee. The form needs to be executed following state signing requirements.
Step 3: Record / File the Deed
File the signed, notarized deed with the county clerk or recorder in the same jurisdiction as the property. There is usually a small filing fee. Once recorded, the transfer becomes official.
Quitclaim vs. Warranty Deed
Here’s how a quitclaim deed compares to other types of deeds:
Quitclaim Deed:
- Fast, simple, low-cost
- No guarantees about ownership or title status
- Best for trusted transfers with family gifts, divorce, or corrections
- Full legal guarantees that the title is clean and valid
- The seller is liable if issues arise later
- Best for home sales or transfers between unrelated parties
- A middle-ground option used in some commercial transactions
- Limited guarantees (only covers the time the seller owned the property)
In short: It may be best to use a quitclaim deed when trust is high. Use a warranty deed when protection is key, and a special deed for a middle option.
Important Terms to Know
- Grantor – The current owner giving up their interest in the property
- Grantee – The person receiving ownership
- Consideration – The amount paid (even if just $1 for gifts)
- Legal Description – The property’s full, official description—not just the street address
- Notary Public – An official who verifies the grantor’s identity and witnesses the signing
- Witnesses – May be required in some states in addition to, or instead of, a notary
- Recorder’s Office – The county office where property records are filed
Signing Requirements by State
| STATE | SIGNING REQUIREMENTS | STATUTE |
| Alabama | 2 Witnesses OR Notarization | § 35-4-20 |
| Alaska | Notarization | § 34-15-150 |
| Arizona | Notarization | § 33-401 |
| Arkansas | 2 Witnesses AND Notarization | § 16-47-106 |
| California | Notarization | § 27287 |
| Colorado | Notarization | § 38-35-103 |
| Connecticut | 2 Witnesses AND Notarization | § 47-5 |
| Delaware | Notarization | § 122 |
| Florida | 2 Witnesses AND Notarization | § 695.26 |
| Georgia | 1 Witness AND Notarization | §§ 44-2-15 & 44-5-30 |
| Hawaii | Notarization | § 502-41 |
| Idaho | Notarization | § 55-805 |
| Illinois | Notarization | § 765 ILCS 5/20 |
| Indiana | Notarization | § 32-21-2-3 |
| Iowa | Notarization | § 558.31 |
| Kansas | Notarization | § 55-2205 |
| Kentucky | 2 Witnesses OR Notarization | § 382.130 |
| Louisiana | 2 Witnesses AND Notarization | § 1839 |
| Maine | Notarization | § 203 |
| Maryland | Notarization | § 3-104 |
| Massachusetts | Notarization | § 183-29 |
| Michigan | Notarization | § 565.201 |
| Minnesota | Notarization | § 507.24 |
| Mississippi | Notarization | § 89-3-7 |
| Missouri | Notarization | § 442.150 |
| Montana | Notarization | § 70-21-203 |
| Nebraska | Notarization | § 76-211 |
| Nevada | Notarization | § 111.105 |
| New Hampshire | Notarization | § 477:3 |
| New Jersey | Notarization | § 46:4-1 |
| New Mexico | Notarization | § 47-1-44 |
| New York | Notarization | § 306 |
| North Carolina | Notarization | § 47-38 |
| North Dakota | Notarization | § 47-19-03 |
| Ohio | Notarization | § 5301.01(a) |
| Oklahoma | Notarization | 16 § 26 |
| Oregon | Notarization | § 93.410 |
| Pennsylvania | Notarization | 21 § 42 |
| Rhode Island | Notarization | § 34-11-1.1 |
| South Carolina | 2 Witnesses AND Notarization (Notary can act as 1 witness) | § 30-5-30 |
| South Dakota | 1 Witness OR Notarization | § 43-25-26 |
| Tennessee | 2 Witnesses OR Notarization | § 66-5-106 |
| Texas | 2 Witnesses OR Notarization | § 12.001 |
| Utah | Notarization | § 57-3-101 |
| Vermont | Notarization | § 301 |
| Virginia | 2 Witnesses OR Notarization | § 55.1-600 |
| Washington | Notarization | § 64.04.020 |
| West Virginia | 2 Witnesses OR Notarization | § 39-1-2 |
| Wisconsin | Notarization | § 706.06 |
| Wyoming | Notarization | § 34-1-113 |
Where to Record a Deed
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