What is a quitclaim versus warranty deed?

A quitclaim conveys whatever interest the grantor has with no title warranties; a warranty deed contains covenants that the grantor holds good title and will defend against defects.

Can a Quitclaim Deed be notarized remotely?

Many states permit Remote Online Notarization (RON) with identity proofing and audio-video recording; verify state RON status and recording acceptance before using RON for deeds.

Will a title company accept a Quitclaim Deed?

Title companies accept quitclaims for specific uses, but they may require additional searches, curative documents, or insurance endorsements for transactions involving third-party buyers or mortgages.

Do I need witnesses for a deed?

Witness requirements vary by state; some states require one or two witnesses in addition to notarization. Check the county or state notary statute before execution.

What happens if the recorder rejects the deed?

The recorder will typically return or refuse to record and list the error; correct the issue, have parties re-sign or re-notarize as required, and resubmit for recording.

Does a Quitclaim Deed create tax liability?

Transfers may have gift or transfer tax consequences depending on consideration and relationship; consult tax counsel for transfers between unrelated parties or significant value exchanges.

Quitclaim Deed

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What a Quitclaim Deed Is and when it’s used

A Quitclaim Deed is a legal instrument that transfers whatever interest, if any, the grantor holds in real property to the grantee without warranties or guarantees about title. It is commonly used to clear title between family members, to add or remove a spouse on title after marriage or divorce, to correct a name or legal description, or to transfer property into or out of trusts. Because it conveys no covenants of title, it is narrower than a warranty deed and relies on the grantor’s existing interest, if any, to pass to the recipient.

Why people choose a Quitclaim Deed

Quitclaim Deeds provide a fast, low-cost method to transfer or clear interests in property where warranty protection is unnecessary or where parties know the title history. They simplify intra-family transfers, post-divorce reallocations, and corrections to recorded descriptions without extensive title examination.

Who commonly prepares and signs a Quitclaim Deed

Typical users include individuals, couples, estate administrators, and title professionals who need to move or clear property interest quickly and with minimal formality.

Homeowners transferring property between family members after marriage, divorce, or estate matters.
Trustees or grantors placing property into or out of a trust or trust beneficiary.
Title companies or closing agents preparing corrective or ministerial recordings.

Who can sign and why their role matters

Grantor

The person or entity transferring interest. The grantor must have authority over the property; mismatched grantor names or signatures can cause a deed to be rejected at recording or create title defects that require corrective action.

Title Agent

A closing or title professional who reviews the deed for recording. Title agents often request full legal descriptions, tax parcel numbers, and correct notarization to ensure the deed will be accepted by the county recorder.

Essential data fields on a Quitclaim Deed

Grantor Name: Full legal name

Grantee Name: Full legal name

Legal Description: Metes and bounds or parcel

Consideration: Amount or nominal value

Effective Date: MM/DD/YYYY

Notary Acknowledgment: State-specific block

Key parts every professional Quitclaim Deed should include

A complete Quitclaim Deed contains several standard clauses and elements so county recorders and title companies can process it without delay. Use the specific wording your local recorder requires and ensure the notary block matches state law.

Grantor Identification

Clear statement of the grantor’s full legal name and, where applicable, capacity (individual, trustee, corporate officer) so the transfer authority is unambiguous and matches public records.

Grantee Identification

Full legal name and address for the recipient of the interest; use the exact legal entity name to avoid mismatches during recording and title searches.

Consideration Clause

A concise recital of consideration (e.g., a dollar amount or 'for love and affection'); some counties permit nominal consideration language but tax implications may vary by jurisdiction.

Legal Description

A precise metes-and-bounds description or recorded parcel number; abbreviated addresses are insufficient — an incomplete legal description can cause rejection.

Habendum or Conveyance Language

Clear phrase conveying 'all right, title and interest' or similar language to reflect the quitclaim nature; avoid warranty phrases which change the deed type.

Acknowledgment/Notary

Notary acknowledgment formatted to the state’s statutory language; include witness lines where the state requires them and ensure the notary signs and dates in the proper jurisdiction.

Filling out a Quitclaim Deed: step-by-step

Follow this sequence to reduce recording delays and title questions; verify county-specific requirements before submitting the deed.

01

Prepare Parties: Enter exact legal names as on title documents.
02

Add Description: Paste the full legal description from prior deed or county record.
03

State Consideration: Use specific dollar amount or accepted nominal phrase.
04

Notarize and Sign: Sign before a notary and include required witness signatures if applicable.

Where to file, send, and store a completed Quitclaim Deed

Recording and distribution follow a simple route: sign and notarize, record with the county, provide copies to interested parties, and retain records securely.

Sign and Notarize: Grantor signs before a notary with any required witnesses
Record in County: Submit original to county recorder where property is located
Deliver Copies: Provide recorded copy to grantee and title company
Store Securely: Retain digital and original paper copies for the retention period

Customizing an online Quitclaim Deed workflow

Configure fields and routing to match signer roles, state notarization requirements, and recording needs when using an eSignature platform.

Field	Configuration
Signature Field	Require signer acknowledgment and date
Date Field	Auto-fill or validate MM/DD/YYYY format
Notary Block	Place state-specific acknowledgment text
Conditional Witness	Show witness lines when state requires two witnesses

Technical considerations for eSigning and eRecording

When using digital tools, confirm file formats, authentication strength, and eRecording options with the recording office before submission.

File Formats: PDF, DOCX, HTML supported
Integrations: Salesforce, NetSuite, Google Workspace
Authentication: Email, SMS, or stronger methods

Common mistakes to avoid when preparing a Quitclaim Deed

Using a street address instead of a full legal description, which often results in recording rejection or ambiguity in title records.
Mismatched grantor or grantee names compared to prior deeds or title policy, causing delays or requests for corrective affidavits.
Omitting appropriate notarization or witness blocks required by the state, leading the recorder to refuse the document.
Failing to check for existing liens or encumbrances before transfer, which can create unanswered creditor claims on the property.

Risks and legal consequences of errors

Recording Rejection: Must refile; delays in transfer

Title Defect: Potential need for corrective deed

Tax Impact: Unreported transfer may trigger tax questions

Lien Exposure: Creditors may assert prior liens

Invalid Transfer: Improper signatures can void conveyance

Notary Violations: State penalties for improper acknowledgments

Typical timelines and processing expectations

Timing varies by county and whether you use eRecording or in-person delivery. Allow time for notarization, county processing, and distribution.

Notarization Timing:

Sign and notarize before recording; same-day notary often possible

County Recording:

Some counties record same day; others take several business days

eRecording Options:

E-recording can shorten turnaround when supported by the recorder

Title Update:

Title companies update policies after recorded deed is available

Distribution:

Provide recorded copies to grantee and lender promptly

Real-world uses of Quitclaim Deeds

These short examples show typical scenarios where a Quitclaim Deed is an appropriate, practical tool.

Martin Properties

A local developer used a quitclaim to move title into a single-member trust after acquisition.

The transfer required only ministerial recording.
Tim Martin, Founder of Martin Properties, noted that online execution and compliance made the process efficient for property management and subsequent financing steps.

Optica Ventures

An owner corrected a misspelled grantor name on an earlier deed using a quitclaim.

The county accepted the corrected legal description.
Brian Fitzgibbons, COO of Optica Ventures LLC, said the interface was easy to use and helped complete the curative recording with minimal delay.

Practical tips for accurate and efficient completion

Follow these best practices to reduce errors, speed recording, and protect title integrity when using a Quitclaim Deed.

Verify Names and Capacity

Confirm the grantor and grantee names match existing title records and indicate the legal capacity (individual, trustee, corporate officer) to establish authority for the transfer.

Use Exact Legal Description

Copy the legal description from the deed chain or county record; avoid street addresses and abbreviations which may be insufficient for recording.

Check for Liens

Obtain a basic title search to identify liens or encumbrances that could affect the transfer, and notify lenders when required by mortgage covenants.

Record Promptly

File the deed with the county recorder as soon as notarized to protect priority and minimize disputes about ownership timing.

eSignature vendor comparison for preparing and signing deeds

Compare common vendor traits when you evaluate eSignature platforms for deed preparation and secure notarization support.

	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	7-day free trial	Varies by vendor	Varies by vendor	Varies by vendor	Varies by vendor
Bulk Send	Yes (Business Premium)	Yes	Yes	Yes	No
Audit Trail	Yes	Yes	Yes	Yes	Yes
HIPAA Compliant	Yes (BAA)	Yes	Yes	No	No

Frequently asked questions about Quitclaim Deeds

Answers to common questions that arise when preparing, notarizing, and recording a Quitclaim Deed.

Need help? Contact support

What is a quitclaim versus warranty deed?
A quitclaim conveys whatever interest the grantor has with no title warranties; a warranty deed contains covenants that the grantor holds good title and will defend against defects.
Can a Quitclaim Deed be notarized remotely?
Many states permit Remote Online Notarization (RON) with identity proofing and audio-video recording; verify state RON status and recording acceptance before using RON for deeds.
Will a title company accept a Quitclaim Deed?
Title companies accept quitclaims for specific uses, but they may require additional searches, curative documents, or insurance endorsements for transactions involving third-party buyers or mortgages.
Do I need witnesses for a deed?
Witness requirements vary by state; some states require one or two witnesses in addition to notarization. Check the county or state notary statute before execution.
What happens if the recorder rejects the deed?
The recorder will typically return or refuse to record and list the error; correct the issue, have parties re-sign or re-notarize as required, and resubmit for recording.
Does a Quitclaim Deed create tax liability?
Transfers may have gift or transfer tax consequences depending on consideration and relationship; consult tax counsel for transfers between unrelated parties or significant value exchanges.

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