What does a Quitclaim Deed do?

A Quitclaim Deed transfers whatever ownership interest the grantor currently holds without promising the title is clear. It does not provide warranty against prior claims or defects. Recipients should verify title and consider obtaining title insurance if protection is required.

Can it be e-signed and notarized remotely?

Yes in many states where ESIGN (15 U.S.C. ch. 96), UETA, and state RON statutes permit remote notarization. Ensure the RON provider meets identity proofing, audio‑video recording, and retention rules and check current state notary commission guidance.

Is title insurance affected?

Quitclaim deeds do not create title insurance coverage for preexisting defects. Title insurers may require a closing under a warranty deed to issue a new policy. If protection is needed, obtain a title search and consult the insurer about underwriting requirements.

What if the recorder rejects the deed for errors?

Contact the recorder to identify defects, then prepare a corrective deed or affidavit. Common fixes include re-executing with correct legal description, adding missing notary acknowledgements, or filing a corrective quitclaim deed notarized and recorded to cure defects.

Can a quitclaim convey tax liability?

Transferring property may trigger reassessment or transfer taxes depending on state law. Consult the local tax assessor and review deed consideration disclosures. Certain transfers between spouses or parent-child may qualify for exclusions—verify eligibility with the county.

When should I consult an attorney?

Seek legal counsel for complex title issues, potential lien exposure, boundary disputes, transfers involving entities, or where creditor or estate rights may be implicated. An attorney can draft supporting affidavits, obtain title searches, and advise on warranty versus quitclaim options.

Quitclaim Deed

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What a Quitclaim Deed Is and How It Functions

Quitclaim Deed is a legal document used to transfer whatever interest a grantor has in real property to a grantee without warranties or guarantees about title. It conveys only the grantor's present interest, if any, and does not resolve title defects or claims by third parties. Quitclaim deeds are common for transfers between family members, to correct title errors, or to remove a spouse from property after divorce. To be effective, these deeds typically require accurate party identification, a notary acknowledgement, and filing with the county recorder in the property's jurisdiction.

Why Use a Quitclaim Deed

A Quitclaim Deed provides a fast, low-cost way to transfer property interests when warranty of title is not required. It is useful for intra-family transfers, estate planning adjustments, and clearing title clouds, though it offers limited protection compared with warranty deeds.

Who Commonly Uses Quitclaim Deeds

Common users include property owners, family members transferring interests, and legal professionals handling title corrections or estate matters.

Property owners transferring between spouses, relatives, or trusts to update title without warranty.
Attorneys correcting scrivener errors or clarifying vesting after probate or estate administration.
Lenders rarely accept quitclaims for collateral; customary in informal or intra-family transfers only.

Key Elements to Include in a Professional Quitclaim Deed

Essential elements of a professional Quitclaim Deed ensure legal validity, clear identification, and accurate delivery to the county recorder within the property's recording jurisdiction.

Grantor

Full legal name of the person or entity conveying interest; include mailing address and a government ID reference if required by local practice for recording accuracy.

Grantee

Full legal name of the recipient, their mailing address, and tenancy type if applicable (joint tenants, tenants in common, or as trustee) to clarify ownership interests for recording and future title searches.

Property

Legal description from deed or tax parcel, street address, and assessor's parcel number; include parcel number to ensure accurate indexing at the county recorder.

Consideration

State the consideration (cash amount or recital of 'for love and affection' if nominal); some states require a monetary amount for recording or to satisfy county indexing rules.

Notary

Notary acknowledgement with signer(s) personally appearing or RON session details; include notary name, commission number, expiration, and any required audio-video record ID proofing references.

Delivery

Signed, notarized deed must be delivered to the grantee and recorded at the county recorder's office where the property is located to be effective against third parties.

Step-by-Step: Prepare, Sign, and Record

Follow these steps to prepare, sign, and record a Quitclaim Deed correctly to transfer interest and update public records.

01

Gather Information: Collect full names, legal description, and parcel number.
02

Draft Deed: Complete deed template with correct consideration and descriptions.
03

Notarize Signature: Sign before a notary or complete an approved RON session.
04

Record Deed: File with county recorder and retain stamped copy.

How Recording Creates Public Notice

After signing, the deed is submitted to the county recorder; recording makes the transfer part of the public land records and establishes constructive notice.

Prepare Document: Use recorder-approved form or template.
Notarize: Notary verifies identity and signs acknowledgement.
Submit: File in person, by mail, or electronically per county rules.
Receive Stamp: Recorder returns a filed copy with recording details.

Configure an Online Workflow for a Quitclaim Deed

Common online steps for completing and delivering a Quitclaim Deed using an eSignature platform securely.

Field	Configuration
Upload Document	PDF or DOCX with editable fields
Place Fields	Add signature, date, and notary fields
Set Auth	Choose email, SMS, or KBA authentication
Enable RON/Notary	Attach notary block or enable remote notary

Technical Requirements for Digital Execution

Digital execution requires platform support for signature fields, audit trails, and notarization workflows where allowed.

File Types: PDF, Word, or scanned images
Integrations: County e-recording, cloud storage, and CRM
Security: TLS encryption and AES-256 at rest

Primary Risks and Consequences

Unrecorded Risk: Deed unenforceable against third parties.

Title Defects: No warranty; prior claims remain.

Tax Consequences: Possible reassessment or transfer tax.

Fraud Liability: Risk if grantor lacked authority.

Recording Rejection: Errors cause county rejection and delays.

Lien Exposure: Existing liens pass with property interest.

Common Mistakes to Avoid

Using informal or partial legal descriptions leads to misfiling; always copy the full metes-and-bounds or assessor description from the prior recorded deed.
Failing to notarize correctly or using an out-of-state notary without following RON rules can result in rejection by the recorder's office.
Listing the wrong grantee name or abbreviating entity titles (LLC/Inc.) may prevent indexing and trigger costly corrective deeds.
Assuming quitclaims clear liens is incorrect; liens generally remain attached to property unless explicitly released or satisfied.

Practical Tips for Accurate Completion

Follow these practices to reduce recording delays and preserve legal effect when preparing and recording a Quitclaim Deed.

Verify legal description and parcel identifiers

Copy the legal description verbatim from the last recorded deed or assessor record, include the assessor parcel number, and confirm block/lot details. Small errors can cause rejection or misindexing, delaying title transfer and increasing costs.

Confirm grantor identity and authority to convey

Ensure the grantor is the current record owner or has written authority (e.g., personal representative, trustee). If the grantor is an entity, include a corporate resolution or trustee certificate to demonstrate authority and avoid later challenges to the transfer.

Use proper notarial language and RON compliance

Follow the notary acknowledgement format required by the recording county. For RON, ensure identity proofing, audio-video recording retention, and notary journal provisions meet state law. Improper notarial forms or missing RON metadata often lead to recording rejection.

Record promptly and retain certified copies

File the deed with the county recorder as soon as possible after notarization. Obtain a recorded, stamped copy for the grantee and retain an original in secure storage for the statute of limitations and future title reference.

Timing and Processing Expectations

Timing for Quitclaim Deed execution, notarization, and county recording depends on local procedures; expect variable processing and potential mail delays.

Signing Timeline:

Can be completed same day with notary availability.

County Recording:

Processing varies from same-day to several weeks.

Electronic Recording:

Some counties accept e-recording, reducing turnaround times.

Mail Processing:

Mail-in submissions add days for delivery and return.

Title Insurance:

Obtain promptly if buyer requires protection against unknown defects.

Key Milestones from Draft to Recorded Deed

Milestones from drafting through recording define the document lifecycle and legal effect of a Quitclaim Deed.

01

Draft and Review

Prepare deed with accurate descriptions and consider attorney review.

02

Notarization

Sign before notary or arrange RON session per state law.

03

Record with County

Submit to recorder office; pay fee and obtain stamped copy.

04

Retain Records

Keep certified copy and any RON audit logs securely.

Practical Examples of Quitclaim Deed Use

Real-world scenarios show typical reasons to use a Quitclaim Deed and how it interacts with recording and title concerns.

Family Transfer

A homeowner transferred a property interest to an adult child to simplify estate planning and avoid probate complexities.

No title warranty was provided.
They recorded the quitclaim deed promptly at the county recorder, retained a stamped copy, and understood that title insurance would not cover preexisting defects; the family accepted the limited protection given the intra-family context.

Divorce Vesting Change

After divorce, one spouse quitclaimed interest to the other to remove joint tenancy and reflect settlement terms in public records.

Often used to update vesting only.
The deed was notarized, recorded, and retained with the divorce judgment; however, the receiving spouse obtained title insurance to protect against unknown prior claims because quitclaim deeds do not guarantee clear title.

Quitclaim Deed Compared with Other Common Deed Types

Key differences between quitclaim deeds and other common deed types clarify the level of protection and typical situations for each.

Document Type	Quitclaim	Warranty	Grant
Purpose	convey interest	full warranty	limited warranty
Title Warranty	none	yes, full	yes, limited
Typical Use	intra-family	market sale	varies by state
Remedy	no remedy	breach suit	suit/repair title

eSignature Pricing and Feature Comparison for Document Execution

Basic pricing and common feature availability across leading eSignature vendors; signNow is listed first per platform comparison conventions.

	signNow	DocuSign	Adobe Sign	PandaDoc	HelloSign
Starting Price	$8/user/mo	$15/user/mo	$14/user/mo	$19/user/mo	$15/user/mo
Free Trial	Yes, 7-day trial	Varies by plan	Varies by plan	Varies by plan	Varies by plan
Bulk Send	Yes	Yes	Yes	Yes	Varies
Audit Trail	Yes	Yes	Yes	Yes	Yes
HIPAA Compliant	Yes	Yes	Yes	No	No

Representative Signers and Authority Examples

Brian Fitzgibbons, COO

As COO of a private real estate holding company, Brian would sign quitclaim deeds when authorized by corporate resolution; corporate grants typically require board authorization and an executed resolution to demonstrate signatory authority for recording.

Tim Martin, Founder

A sole owner or individual grantor signs in personal capacity; if executing on behalf of an entity, the signing page must show the entity name and include officer title and evidence of delegated authority, such as bylaws or a corporate resolution.

Frequently Asked Questions About Quitclaim Deeds

Answers to common questions about preparing, executing, and recording Quitclaim Deeds, plus digital signing and notary considerations.

Need help? Contact support

What does a Quitclaim Deed do?
A Quitclaim Deed transfers whatever ownership interest the grantor currently holds without promising the title is clear. It does not provide warranty against prior claims or defects. Recipients should verify title and consider obtaining title insurance if protection is required.
Can it be e-signed and notarized remotely?
Yes in many states where ESIGN (15 U.S.C. ch. 96), UETA, and state RON statutes permit remote notarization. Ensure the RON provider meets identity proofing, audio‑video recording, and retention rules and check current state notary commission guidance.
Is title insurance affected?
Quitclaim deeds do not create title insurance coverage for preexisting defects. Title insurers may require a closing under a warranty deed to issue a new policy. If protection is needed, obtain a title search and consult the insurer about underwriting requirements.
What if the recorder rejects the deed for errors?
Contact the recorder to identify defects, then prepare a corrective deed or affidavit. Common fixes include re-executing with correct legal description, adding missing notary acknowledgements, or filing a corrective quitclaim deed notarized and recorded to cure defects.
Can a quitclaim convey tax liability?
Transferring property may trigger reassessment or transfer taxes depending on state law. Consult the local tax assessor and review deed consideration disclosures. Certain transfers between spouses or parent-child may qualify for exclusions—verify eligibility with the county.
When should I consult an attorney?
Seek legal counsel for complex title issues, potential lien exposure, boundary disputes, transfers involving entities, or where creditor or estate rights may be implicated. An attorney can draft supporting affidavits, obtain title searches, and advise on warranty versus quitclaim options.

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