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Quitclaim Deed

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Quitclaim Deed

What a Quitclaim Deed Is and when it’s used

A Quitclaim Deed is a legal instrument that transfers whatever interest a grantor holds in a parcel of real property to a grantee without making warranties about title quality or encumbrances. It conveys the grantor’s present interest, if any, and is commonly used for intra-family transfers, clearing clouded title, divorce property settlements, or transferring property into or out of trusts. Because it offers no title guarantees, buyers and title companies typically request additional protections or title insurance before accepting a quitclaim transfer.

Why people choose a Quitclaim Deed

A Quitclaim Deed is quick and inexpensive compared with a warranty deed. It is useful for transfers where parties know the title history (for example, family transfers) or where the grantor merely needs to release interest. It is not a substitute for an exam or title insurance when buyers require assurances about liens or undisclosed defects.

Why people choose a Quitclaim Deed

Who commonly prepares or signs a Quitclaim Deed

Typical users range from private individuals to attorneys and title professionals; the document is tailored to simple ownership transfers.

  • Family members transferring property as gifts or to consolidate ownership.
  • Divorcing parties dividing marital property under settlement terms.
  • Trustees or trustees-to-be transferring property into or out of trusts.

Representative roles that interact with this deed

Real Estate Attorney

A licensed attorney prepares or reviews quitclaim language, confirms legal descriptions, advises on tax and mortgage implications, and may handle recording to protect a client’s interests.

Private Grantor

An individual transferring interest who signs the deed, ensures identity verification with a notary, and provides accurate legal name and address information to avoid recording errors.

Essential parts of a professional Quitclaim Deed

A properly drafted quitclaim deed includes distinct sections that identify parties, describe the property, state consideration, declare the transfer, and provide signature and notarization language required for recording.

Grantor/Grantee

Full legal names of the grantor(s) and grantee(s). Use exact legal names as shown on government ID or the title record to avoid recording rejections or gaps in chain of title.

Legal Description

The parcel’s formal legal description (metes and bounds or lot/block/plat) must match county records precisely; street addresses are supplementary and not a substitute.

Consideration

State the consideration (for example, nominal amount or 'for love and affection'). Some counties require a recited consideration for recording and tax assessment purposes.

Transfer Language

Clear quitclaim wording such as 'for and in consideration of the premises and other good and valuable consideration, Grantor quits and releases to Grantee all right, title and interest' to avoid ambiguity.

Signature Block

Signature lines for each grantor, printed names, and the date. Include capacity (individual, trustee, corporate officer) when an entity is conveying interest.

Notary Acknowledgement

Acknowledgement form required by county recorder: notary signature, seal, commission expiration, and any witness lines mandated by state law.

Required data elements for recording

Grantor Name: Full legal name
Grantee Name: Full legal name
Legal Description: Parcel description
Consideration: Amount or statement
Signature: Signed by grantor
Notary: Acknowledgement present

How to complete a Quitclaim Deed step by step

Follow these steps to prepare, sign, and record a quitclaim deed so it meets county recording requirements and reduces post-transfer disputes.

  • 01
    Gather title info: Locate current deed and legal description from county records.
  • 02
    Fill fields: Enter grantor, grantee, consideration, and legal description accurately.
  • 03
    Sign with notary: Have grantor sign before an authorized notary or use RON where available.
  • 04
    Record deed: Submit to county recorder with required fees and cover sheet.

How to set up an online quitclaim workflow

Configure fields and signer order to match state notarization and recording practices before sending for signature.

Field Configuration
Grantor signature Required; sign before notary
Notary block Place notary acknowledgement after signatures
Attachment Attach prior deed or plat when needed
Routing Send to grantee then recorder

Where the quitclaim deed goes after signing

Typical routing includes execution, notarization, recording with the county, and distribution of recorded copies to interested parties.

  • Execute: Grantor signs in presence of notary or via RON where allowed.
  • Notarize: Notary completes acknowledgement and attaches seal.
  • Record: Submit original to county recorder with payment.
  • Distribute: Provide recorded copy to grantee, lender, and title company.

Digital signing and technical compatibility

Use an eSignature platform that supports PDF/DOCX, clear audit trails, and notary/RON workflows if you plan to sign electronically.

  • File formats: PDF, DOCX supported
  • Integrations: Works with Document Management
  • Authentication: SMS, email, KBA as needed

Timing and recording expectations

There are no uniform federal deadlines for recording a quitclaim deed; timely recording preserves priority and public notice. Record promptly after execution and notarization.

Prepare immediately:

Prepare deed and legal description before signing.

Notarize soon:

Complete notarization at signing to meet recorder requirements.

Record promptly:

File with county recorder as soon as practical to preserve priority.

Provide copies:

Send recorded copies to grantee and any affected lender.

Check local rules:

County recording procedures and fees vary by jurisdiction.

Key milestones in a quitclaim deed transaction

These numbered stages show the usual progression from preparation through recording and post-recording steps.

01

Drafting

Prepare deed using the exact legal description and parties’ legal names.

02

Execution

Grantor signs with proper capacity and dating.

03

Notarization

Notary acknowledges signature and applies seal or RON certificate.

04

Recording

Submit original deed to county recorder and pay required fees.

Notarization and witness workflow for recordable deeds

Follow the notarization and witness steps required by your state to ensure the recorder accepts the deed.

01

Prepare original

Complete the deed text and leave signature and notary blocks blank before the signing event.

02

Confirm ID

Grantor presents valid government-issued ID acceptable to the notary.

03

Witnesses present

Provide the number of witnesses required by state law, if any, before signing.

04

Notary acknowledgement

Notary completes acknowledgment form, signs, and applies official seal.

05

RON alternative

If allowed by state, use Remote Online Notarization with identity proofing and A/V recording.

06

Notary journal entry

Notary records the event in the journal per state rules.

07

Check county rules

Counties may require specific cover sheets or indexing information.

08

Retain originals

Keep a copy of the executed and notarized original for record and proof.

Common preparation errors to avoid

  • Using an incomplete or inaccurate legal description leads to recording rejections and creates gaps in the chain of title.
  • Mismatched names between the deed and county records can delay recording and create the need for corrective instruments.
  • Omitting the notary acknowledgement or using an incorrect notary block will generally result in the recorder refusing the deed.
  • Failing to check for mortgage encumbrances or lender consent can leave parties responsible for outstanding liens.

Key risks if the deed is incorrect or incomplete

Cloudy Title: May impair resale
Recording Rejection: Costs time and re-execution
Unreleased Liens: Mortgage stays attached
Tax Assessment: May trigger reassessment
Fraud Risk: Improper transfers can be voided
Legal Disputes: Potential litigation costs

Representative use cases for a Quitclaim Deed

Real-world scenarios show how quitclaim deeds are applied in simple transfers and family arrangements.

Family Transfer Example

A parent conveys a vacation lot to an adult child using a quitclaim deed to transfer any interest quickly and without warranty.

  • The parties avoid complex title indemnities.
  • The family later records the deed at county recorder, provides a recorded copy to the grantee, and consults title insurance for resale protection.

Divorce Property Transfer

One spouse signs a quitclaim deed to release marital interest to the other per divorce settlement terms.

  • The deed accomplishes the transfer of ownership interest.
  • After notarization and recording, the receiving spouse updates mortgage and insurance records and consults counsel regarding obligations linked to the mortgage.

Saving and exporting your completed deed

Store and export the executed deed in standard formats for recording, title searches, and archival compliance.

PDF/A Export

Export a locked, print-ready PDF/A that preserves appearance and is accepted by most county recorders for electronic or physical filing.

DOCX Source

Keep an editable DOCX copy of the final executed deed for internal records and future amendments or corrections if needed.

Audit Trail

Retain a searchable audit trail with timestamps, signer attribution, IP addresses, and notarization metadata for evidentiary support.

Long-term Archive

Store recorded originals in a secure, access-controlled archive and maintain digital backups to meet retention timelines.

Practical tips for accurate and efficient completion

Follow these practical suggestions to reduce errors, recording delays, and post-transfer disputes.

Verify names and legal description
Confirm names and the legal description against the current recorded deed to prevent chain-of-title problems; use exact spellings and suffixes.
Use proper notary language
Include the county and state in the notary block, and ensure the notary’s jurisdiction and commission are current to meet recorder rules.
Consider title insurance
Because a quitclaim deed offers no warranty, consider purchasing or confirming title insurance when the grantee plans to resell or take out new financing.
Record promptly
Record the deed quickly after execution to protect priority and provide public notice of the transfer.

Quitclaim deed vs similar property instruments

Compare how a quitclaim deed differs from warranty deeds and special warranty deeds in scope and protections offered.

Criteria Quitclaim Deed Warranty Deed
Title warranty no warranty full warranty
Common use family transfers market sales
Risk to grantee higher lower
Title insurance often recommended usually standard

eSignature vendor comparison for signing and notarizing deeds

Platform pricing and feature tiers vary; the table below lists starting prices and key capabilities to consider when eSigning or notarizing a deed.

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 No
Audit Trail Yes Yes Yes Yes Yes
HIPAA Compliant Yes Yes Yes No No

Frequently asked questions about Quitclaim Deeds

Answers to common questions about execution, notarization, recording, and the legal effects of quitclaim deeds.


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