Quitclaim Deed

Last Updated: 8/3/2015

Document Description

One of the major decisions you make when planning your estate is distributing your belongings to your loved ones. This is not limited to money, china, and jewelry; it also includes larger items like your vehicle and even your home. If you have decided who or what inherits your home, a quitclaim deed is a great way to transfer ownership to the new owner.

A quitclaim deed is a simple form that transfers ownership or interest in a property from one party to another. Different from a regular property purchase, this form typically conveys that interest without exchanging money or any kind of title insurance. This deed allows the grantor to quit his or her claim against the property, transferring it to the grantee. It is important for the grantee to understand that this deed contains no title covenant or warranty about the status of the title being transferred. It is also very important to note that the quitclaim deed only impacts the ownership of a property and not any mortgage or liens related to it.

Completing the quitclaim deed using ezEstatePlanner is as quick and easy as you would expect. In order for this form to be completed properly you will need to have handy the full legal description of the property being transferred. This description can be found on the original deed or your tax bill, or by contacting the county tax assessor's office. The names and addresses of both the grantor and grantee will also need to be listed. You may further customize the names of the grantor and grantee, specifying if either party is married, single, widowed, etc. This is an editable document, so you are able to include additional language or special clauses as you see fit.

Keep in mind that each county has different requirements and policies regarding the signing and recording of the quitclaim deed. Make sure to contact your local recorder’s or registrar’s office to make sure your completed document meets those requirements. Once signed and notarized, you may upload your document into your ezEstatePlanner Vault for safekeeping.


  • RI Assist: Rhode Island laws for transfers and deeds are located in the Rhode Island General Laws 34-11-11 and 34-11-17.
    Rhode Island does not have a county government system but rather it is divided into municipalities. Those municipalities handle all government issues including the transfer of real estate.
  • UT Assist: Utah laws for transfers and deeds are governed by Title 57 Chapter 1 of the Utah Code.

    Deeds are handled and recorded by the County Recorder’s office in the county where the property being transferred is located. Each county has its own requirements, fees and cost of recording. It is important to contact the registrar for specific information.
  • PA Assist: In Pennsylvania, quit claim deeds are governed by Title 21: Deeds and Mortgages of Purdon’s Statutes.

    The county recorder is the one responsible for the recording of deeds. It is important to contact the office of the Clerk and Recorder for the location of the property being conveyed to be sure of the costs and requirements associated with the recording of a deed.
  • WI Assist: The state of Wisconsin regulations and procedures for the conveyance of real estate are governed by the Wisconsin Annotated Statutes 700.001.
    Deeds are handled and recorded by the Register of Deeds office of the town in which the property being transferred is located. Each location has its own requirements, fees and cost of recording. It is important to contact the registrar for specific information.
  • WY Assist: The state of Wyoming regulations and procedures for the conveyance of real estate is governed by the Wyoming Annotated Statutes, 34-1-107.
    Deeds are handled and recorded by County Clerk of the county in which the property being transferred is located. Each location has its own requirements, fees and cost of recording. It is important to contact the registrar for specific information.
  • WA Assist: The state of Washington regulations and procedures for the conveyance of real estate are governed by RCW, Chapter 64.04.

    Deeds are handled and recorded by the town clerk or notary public in the clerk’s office of the town in which the property being transferred is located. Each location has its own requirements, fees and cost of recording. It is important to contact the registrar for specific information.
  • TN Assist: Tennessee laws for transfers and deeds are governed by Tennessee Annotated Statutes, 66-3-104. Deeds are handled and recorded in the county’s Registrar of Deeds where the property being transferred is located. Each county has its own requirements, fees and cost of recording. It is important to contact the registrar for specific information.
  • TX Assist: Texas laws for transfers and deeds are governed by Texas statutes in the Property Code, Title 2 .

    Deeds are handled and recorded by the County Clerk in the county where the property being transferred is located. Each county has its own requirements, fees and cost of recording. It is important to contact the registrar for specific information.
  • MD Assist:
    In Maryland, a State of Maryland Land Instrument Intake Sheet must ble completed and attached to the Quitclaim Deed.

    Section 3-104 (f) of Real Estate Article, Maryland Annotated Code, requires that all deeds, mortgages, or deeds of trust must bear:
    the certification of an attorney at law (the attorney-at-law must be a member of the Maryland Bar);
    that the instrument has been prepared by an attorney or under an attorney's supervision;
    OR
    a certificate that the instrument was prepared by one of the parties named in the instrument.

  • WV Assist: The state of West Virginia regulations and procedures for the conveyance of real estate are governed by the West Virginia Code, Chapter 36-3-7

    Deeds are handled and recorded by County Clerk of the county in which the property being transferred is located. Each location has its own requirements, fees and cost of recording. It is important to contact the registrar for specific information.
  • CT Assist:
    According to Connecticut General Statutes Sec. 47-36f . A “Quitclaim” deed when properly executed has the force and effect of a conveyance to the grantee of all of the grantor’s rights, title and interest in and to the property being conveyed without any promises of title. A "Quitclaim Deed" may be used as a release of a mortgage, attachment, judgment lien or any other interest in real property.

    The deed will be recorded at the Town Clerks Office.

  • AK Assist: Alaska Quit Claim deeds are governed by Alaska Statute § 34.15.040.
    The legal description should include a section, township, range and meridian designation.
    Please Note: For subdivided property, the lot, block, subdivision name or plat number of the parcel can be provided.

    Additionally, The recording district in which the quitclaim deed is to be recorded must be named. Finally, a return address should be included on the deed or in a cover letter.

    RECORDING Quitclaim deeds can be mailed to or personally taken to the Recorder’s Office. The State of Alaska's government web-site contains a List of District Addresses for recording the deed.

  • AR Assist:
    Formal requirements of conveyance; writing; subscription; delivery; acknowledgment; defects

    A. No estate of inheritance, freehold, or for a term of more than one year, in lands or tenements, shall be conveyed unless the conveyance is by an instrument in writing, subscribed and delivered by the party disposing of the estate, or by his agent thereunto authorized by writing.

    B. Every deed or conveyance of real property must be signed by the grantor and must be duly acknowledged before some officer authorized to take acknowledgments.

    C. For purposes of this section, a deed or conveyance containing any defect, omission or informality in the certificate of acknowledgment and which has been recorded for longer than ten years in the office of the county recorder of the county in which the property is located shall be deemed to have been duly acknowledged on and after the date of its recording.
  • CO Assist:
    A quitclaim deed does not convey land, but only the grantor's present interest in the land and therefore it is useless to pass to the grantee any title or right acquired by the grantor following execution.

    Deeds of conveyance of real property must contain Grantor’s name, Grantee’s name, addresses, consideration for the deed, county where the property is located and signatures and date. It should be in a form closely resembling the one in Colorado Revised Statutes C.R.S. 38-30 113.

    A deed executed according to the form in Colorado Revised Statutes C.R.S. 38-30-113 with the word "quitclaim" substituted for "convey" and the words "and warrant the title to the same" omitted from, shall be a deed of quitclaim and shall have the same effect as a conveyance as quitclaim deeds now in use.

    PLEASE NOTE: The Quitclaim deed should contain a return name and address OR this information should be provided on a self-addressed stamped envelope.

    IMPORTANT: Although not common, If a deed contains a newly created legal description of real property, it must also include the name and address of the person who created the legal description.

    The deed may be acknowledged (notarized) in accordance with Colorado Revised Statutes C.R.S. 38-35-101.

    The Colorado Revised Statutes, are made available for public use by the Committee on Legal Services of the Colorado General Assembly through a contractual arrangement with the LexisNexis Group.

    The deed can be mailed or brought personally to the County Clerk/Recorders Office.

  • DE Assist:
    A deed shall be construed to pass and convey to the grantee therein and to his heirs and assigns the fee simple title or other whole estate or interest which the grantor could lawfully convey in and to the property therein described together with the tenements, hereditaments, franchises and appurtenances thereunto belonging, and the reversions and remainders, rents, issues and profits thereof.

    The words "grant and convey" in any deed shall, unless specifically restricted or limited operate as a special warranty against the grantor and his heirs and all persons claiming under him or them.

    IMPORTANT: According to Title 25 Chapter 1 § 153, Delaware is a race to file state.This means that the first person to record their deed takes precedence over any unrecorded deed, so timely recording of deeds is essential.

    RECORDING: In Delaware deeds are recorded at the county level. Therefore the deed is recorded in the county whee the subject property is located.

  • LA Assist:
    Excluding the city limits of New Orleans, parties conveying real property in Louisiana may obtain a certificate evidencing whether the required state, parish, municipal, and levee district taxes due have been paid (will not include the year in which the conveyance takes place).

    Quitclaim Deeds are recorded in the county where the property is located. This would be at the "Clerk of Courts" office which can be seen on the listing titled: Lousiana Parish Election Officials List.

  • MN Assist:
    Every conveyance of real estate shall be recorded in the office of the county recorder where the real estate is located. If it is not recorded, the quitclaim is void as against a subsequent purchaser in good faith and for a valuable consideration of the same real estate, or any part thereof, whose conveyance is first duly recorded, and as against any attachment levied thereon or any judgment lawfully obtained at the suit of any party against the person in whose name the title to such land appears of record prior to the recording of such conveyance.

    The fact that the first recorded conveyance of the same real estate is in the form of a quitclaim and release deed or contains the terms of a quitclaim deed and release shall not affect the question of good faith of such subsequent purchaser or be of itself notice to the subsequent purchaser of any unrecorded conveyance of the same real estate or part thereof.

    Disclosure of Wells on Real Property
    Before signing an agreement to sell or transfer real property, the seller must disclose the status and location of all known wells on the property by delivering a statement in writing to the buyer.

    PLEASE NOTE
    A well disclosure certificate does not need to be provided if the seller does not know of any wells on the property and the deed or other instrument of conveyance contains the statement::
    “The Seller certifies that the Seller does not know of any wells on the described real property.”
    OR
    If a deed is given pursuant to a contract for deed, the well disclosure certificate required by this subdivision shall be signed by the buyer or a person authorized to act on behalf of the buyer. If the buyer knows of no wells on the property, a well disclosure certificate is not required if the following statement appears on the deed, followed by the grantee’s signature:
    “The Grantee certifies that the Grantee does not know of any wells on the described real property.”

    The statement and signature of the grantee may be on the front or back of the deed or on an attached sheet. An acknowledgment of the statement by the grantee is not required.

    Certificate of Value
    Whenever any real estate is sold for a consideration in excess of $1,000, the grantor, grantee, or legal agent of either should file a certificate of value with the county auditor in the county where the property is located when the quitclaim deed is presented for recording. The value is the amount of the full consideration of the property paid or to be paid, including the amount of any liens assumed. The items and value of personal property transferred with the real property must be listed and deducted from the sale price.

    Taxes
    For any quitclaim deed or instrument that grants, assigns, transfers, or otherwise conveys real property, a tax will be imposed and will be applied against the net consideration. The tax will be due at the time a taxable deed is presented for recording.

    In Minnesota, a deed of quitclaim and release is sufficient to pass all the estate that the grantor could convey by a deed of bargain and sale.

    PLEASE NOTE:
    A duly executed quitclaim deed in Minnesota is a conveyance to the grantee, the grantee’s heirs, and assigns of all right, title, and interest of the grantor in the premises described. A quitclaim deed does not extend to the grantor’s after-acquired title unless a specific intention is added.

  • ME Assist: In Maine, quitclaim deeds are governed by 33 M.R.S. §161.
    The registry of deeds is responsible for the recording of deeds. It is important to contact the office of the county registrar for the location of the property being conveyed to be sure of the costs and requirements associated with the recording of a deed.
  • ID Assist:
    According to Idaho Code § 55-505 (2012) a conveyance is described as a transfer in written form. Real estate conveyances must be in writing and signed by a grantor or an authorized agent of the grantor. Also included must be the grantee’s name and address. There also must be a complete legal description of the property.

    According to Idaho code § 55-612
    Covenants implied from grant. From the use of the word "grant" in any conveyance by which an estate of inheritance, possessory right, or fee simple is to be passed, the following covenants, and none other, on the part of the grantor, for himself and his heirs, to the grantee, his heirs and assigns, are implied, unless restrained by express terms contained in such conveyance:
    1. That previous to the time of the execution of such conveyance, the grantor has not conveyed the same estate, or any right, title or interest therein, to any person other than the grantee.
    2. That such estate is at the time of the execution of such conveyance free from encumbrances done, made or suffered by the grantor, or any person claiming under him. Such covenants may be sued upon in the same manner as if they had been expressly inserted in the conveyance.

    If the Quitclaim regards a parcel of land that is classified as a homestead then the spouse of the grantor, if applicable, must also sign the deed.

  • DC Assist: In Washington, D.C. Quitclaim deeds are recorded in the “Recorder of Deeds” office.

    Their location is:
    District of Columbia Government
    Recorder of Deeds
    1101 4th Street, SW, 5th Floor
    Washington DC 20024
    Phone: (202) 727-5374

    Hours of Operations: Recording Documents 8:30 am - 3:00 pm

  • GA Assist: In the state of Georgia, O.C.G.A § 44-5-30 states that a deed conveying land must be in writing, signed by the grantor, and witnessed by at least two people, one of whom may be the notary or other official who acknowledged the grantor’s signature.
    In addition, it must be delivered to the grantee and should include a statement about some type of consideration (usually money).
  • FL Assist: In order for a Quitclaim Deed to be properly recorded, the execution of the deed must be acknowledged by the party executing it, proved by a subscribing witness, or legalized or authenticated by a civil-law notary or notary public who affixes his or her official seal in the manner provided by Florida law. Deeds are recorded at the county level where the property is located.
  • AL Assist: In the state of Alabama, quit claim deeds, as suggested by Alabama Code § 35-4-271, convey only the grantor’s rights in the property. They include no warranties of title.   As a result, these deeds offer no protection for the grantee.
    In Alabama the Quitclaim is recorded at the County level with the Judge of Probate.
  • KY Assist: Deeds are governed by state statutes: KRS § 381.060
    The county clerk is responsible for the recording of deeds.
    It is important to contact the office of the county clerk for the location of the property being conveyed to be sure of the costs and requirements associated with the recording of a deed.
  • IL Assist: Quitclaim deeds are governed by 765 ILCS 5/10.
    In Illinois the county clerk is responsible for the recording of deeds. It is important to contact the office of the county clerk for the location of the property being conveyed to be sure of the costs and requirements associated with the recording of a deed.
  • MT Assist: In Montana, quitclaim deeds are governed by Montana’s Code of Laws (MCA) specifically, MCA 70-20-301, 302 and 304.
    The county recorder is the one responsible for the recording of deeds. It is important to contact the office of the Clerk and Recorder for the location of the property being conveyed to be sure of the costs and requirements associated with the recording of a deed.
  • MO Assist: In Missouri, quitclaim deeds are governed by Missouri revised statutes (MRS) specifically, MRS 442.020 and MRS 442.420.
    The county recorder is the one responsible for the recording of deeds. It is important to contact the office of the county deeds office for the location of the property being conveyed to be sure of the costs and requirements associated with the recording of a deed.
  • KS Assist: Deeds are governed by K.S.A. § 58-2221 which explains that every written instrument conveying ownership interests in real estate should be presented for recording to the office of the register of deeds of the county where the land is located.
    Kansas follows a “race-notice” recording statute, as described in K.S.A. §§ 58-2222, 2223. This generally means whomever records first, wins.
  • MS Assist: Mississippi’s statutes in Title 89, Chapter 1 covers the laws regarding the conveyance of real property and land. The chancery or county clerk is the one responsible for the recording of deeds. It is important to contact the office of the county recorder’s office for the location of the property being conveyed to be sure of the costs and requirements associated with the recording of a deed.

    SIGNATURES
    All signatures shall be in black or blue ink and of sufficient color and clarity to ensure that the signatures are legible to produce a clear reproduction when the document or instrument is reproduced from the record. The corresponding name shall be typed, printed or stamped beneath the original signature.

    Please note
    The typing or printing of a name or the application of an embossed or inked stamp shall not cover or otherwise materially interfere with any part of the document or instrument except where provided by law. Failure to print or type signatures as required in this paragraph does not invalidate the document or instrument.

    Quitclaim Deeds may only be printed on one side per page, no two-sided pages permitted.

  • IN Assist: Deeds are governed by IC 32-17-2-2 .
    The county clerk is responsible for the recording of deeds. It is important to contact the office of the county clerk for the location of the property being conveyed to be sure of the costs and requirements associated with the recording of a deed.
  • MA Assist: Quitclaim Deeds are governed by Massachusetts General Laws Part II, Title I and Chapter 183.
    The county clerk is responsible for the recording of deeds.
    It is important to contact the office of the county clerk for the location of the property being conveyed to be sure of the costs and requirements associated with the recording of a deed.
  • IA Assist: Quitclaim deeds are governed by Iowa Code § 557.3.
    In Iowa deeds are recorded on the county level for where the property is located. Each county has its own requirements so it is important to check your county for specific requirements such as signatures, filing costs, etc.
  • HI Assist: Hawaii Revised Statutes §501-101(2011) governs the rules for voluntary conveyances of registered (Land Court) real property; these rules are equally appropriate for "Regular System" property.

    See HRS §13-16-4, 6-8. The rules of court may provide for forms of conveyances respecting registered land and is generally done on the county level where the property is located.

  • NM Assist: New Mexico Quit claim Deeds are governed by New Mexico Statutes section 47-10 (NMSA 47-10). The deeds are to be filed in the County Clerk’s office and each office has specific filing requirements and fees. It is important to contact the office for the county in which the property is located in for specific information.
  • OH Assist: Ohio Quit claim deeds are governed the Ohio Revised Code, specifically Chapter 5302: Statutory Forms of Land Conveyance . Deeds are filed with the County Recorder’s office and each county has its own filing, fees and recording requirements. It is important to contact the office for the county in which the property is located in for specific information.
  • NV Assist: Nevada Quit claim deeds are governed by the Nevada Revised Statutes Title 10, Property Rights and Transactions. Deeds are filed with the County recorder or auditor and each county has its own filing, fees and recording requirements. It is important to contact the office for the county in which the property is located in for specific information.
  • ND Assist: In North Dakota, quit claim deeds are governed by North Dakota’s Code, specifically Chapter 47-10.
    The county recorder is the one responsible for the recording of deeds. It is important to contact the office of the Clerk and Recorder for the location of the property being conveyed to be sure of the costs and requirements associated with the recording of a deed.
  • NH Assist: Quit claim deeds are governed by section 477:28 of the New Hampshire Revised Statutes Annotated (RSA). Deeds are recorded with the Registry of Deeds office for the county where the property is located. Contact the county office to get information for the fees and filing requirements as each county has different requirements.
  • OK Assist: Oklahoma Quit claim deeds are governed Oklahoma Statutes in Title 16. Deeds are filed with the Registrar of Deed’s office and each county has its own filing, fees and recording requirements. It is important to contact the office for the county in which the property is located in for specific information.
  • NC Assist: In North Carolina both the grantor and the grantee must sign the quit claim deed. If there are multiple grantor or grantees, then each one must sign. Each county has their own department of the register of deeds.
    To obtain fee information and filing information, contact the register or recorder of deeds in the county where the property is located.
  • NJ Assist: New Jersey Quit claim Deeds are governed by Title 46 (Property) of the New Jersey Statutes. The deeds are to be filed in the County Recorder’s office and each office has specific filing requirements and fees.
  • NY Assist: New York Quit claim deeds are governed by the laws in New York Real Property- Article 8. Deeds are filed with the County clerk and each county has its own filing, fees and recording requirements. It is important to contact the office for the county in which the property is located in for specific information.
  • OR Assist: Oregon Quit claim deeds are governed Chapter 93 of the Oregon Revised Statutes (ORS-Chapter 93). Deeds are filed with the County clerk’s office and each county has its own filing, fees and recording requirements. It is important to contact the office for the county in which the property is located in for specific information.
  • SD Assist: South Dakota laws for transfers and deeds are governed by Chapter 43-25 of South Dakota’s Codified Laws.

    All quit claim deeds must be accompanied by a Certificate of Value.

    Deeds are handled and recorded in the county’s Registrar of Deeds where the property being transferred is located. Each county has its own requirements, fees and cost of recording. It is important to contact the registrar for specific information.
  • VT Assist: Vermont laws for the conveyance of real estate are governed by Title 27, chapter 5 The Vermont Statutes, .

    Deeds are handled and recorded by the town clerk or notary public in the clerk’s office of the town in which the property being transferred is located. Each location has its own requirements, fees and cost of recording. It is important to contact the registrar for specific information.
  • VA Assist: Virginia laws for property and conveyances are governed by Title 55 of the Code of Virginia.

    Deeds are handled and recorded by the County Circuit Court in the county where the property being transferred is located. Each county has its own requirements, fees and cost of recording. It is important to contact the registrar for specific information.
  • SC Assist: South Carolina laws for transfers and deeds are governed by Title 27 of South Carolina’s Code of Laws.

    Deeds are handled and recorded in the county’s Registrar of Deeds where the property being transferred is located. Each county has its own requirements, fees and cost of recording. It is important to contact the registrar for specific information.


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