How to Fill Out and Record a Grant Deed Form

To fill out and record a grant deed, gather the property’s legal description and assessor’s parcel number, enter the grantor’s and grantee’s full legal names, state how the grantee will hold title, have the grantor sign in front of a notary, and submit the completed deed with any required supplemental forms and fees to the county recorder’s office in the county where the property is located. The grantee does not sign. Most of the work is in the preparation; the form itself is short, but errors in names, descriptions, or notarization are the main reason recorders bounce deeds back.

What a Grant Deed Actually Does

A grant deed transfers ownership from a grantor to a grantee and carries two built-in promises: that the grantor hasn’t already conveyed the property to someone else, and that no undisclosed liens or encumbrances exist against it.1Arizona Legislature. Arizona Revised Statutes 33-435 – Covenants Implied From Word Grant or Convey Those covenants only cover the period during which the current grantor owned the property, not the full chain of title going back further.2South Dakota Legislature. South Dakota Codified Law 43-25 – Deeds and Conveyances That’s less protection than a general warranty deed and more than a quitclaim, which conveys only whatever interest the grantor happens to have, with no promises.

Grant deeds are the standard transfer instrument in California and are also commonly used in Nevada, Idaho, Arizona, and Alaska. If you’re unsure whether a grant deed is the right instrument for your transfer, check with your county recorder before you fill anything out.

Information to Gather Before You Fill Anything In

Missing or inaccurate information is the leading cause of rejected recordings. Collect everything before you touch the form.

The Legal Description

Every grant deed requires a formal legal description of the property, not the mailing address. This is the surveyor’s language that precisely defines boundaries, typically either a metes-and-bounds description (compass directions and distances) or a lot-and-block reference tied to a recorded subdivision map. Pull it from the prior deed that transferred the property to the current owner, the title insurance policy from the last sale, or the county assessor’s records. Copy it exactly, character for character. A mistyped lot number or transposed distance can cloud title or cause the recorder to reject the document.

The Assessor’s Parcel Number

Most forms include a line for the Assessor’s Parcel Number (APN), the numeric code the county uses to track the property for tax purposes.3Illinois Department of Revenue. Where Can I Find Information Regarding My Property’s Parcel Number and Assessment It appears on the property tax bill, the county assessor’s website, and the prior deed. Including it helps the assessor connect the ownership change to the correct tax account.

Names, Exactly

The grantor’s name on the new deed must match exactly how it appears on the deed that gave them ownership. If their name has changed since then through marriage, divorce, or a legal name change, a common convention is to list the current legal name followed by “who acquired title as [former name].” That keeps the chain of title intact and prevents title insurance complications later.

The grantee’s name should be the full legal name as it will appear on all future documents affecting the property. Nicknames, abbreviations, or inconsistent middle names create problems that may require a corrective deed later. When the grantee is a trust, LLC, or corporation, use the entity’s full legal name as it appears in the organizing documents.

Decide How the Grantee Will Hold Title

The form asks how the grantee will “vest” ownership. This choice affects inheritance, tax exposure, and what happens if one owner dies or faces a creditor’s claim. The most common options:

  • Joint tenancy with right of survivorship. Two or more owners hold equal, undivided shares. When one owner dies, their interest passes automatically to the surviving owner without probate. All owners must acquire title at the same time and through the same deed.
  • Tenants in common. Two or more owners hold separate interests that can be equal or unequal. Each owner can sell or will their share independently. On death, a share passes through the owner’s estate, not automatically to the other owners.
  • Community property. Available to married couples, and in some states to registered domestic partners. Both spouses hold equal interests, and neither can transfer their half without the other’s consent. On death, half passes to the survivor and the other half goes by will or intestate succession.
  • Community property with right of survivorship. Combines community property rules with automatic transfer to the surviving spouse on death, avoiding probate.
  • Sole ownership. One person or entity holds full title. If the grantee is married and taking title alone, the non-acquiring spouse may need to sign a document relinquishing any community property claim, depending on state law.

Vesting has real consequences for estate planning and taxes. Joint tenancy avoids probate but can create gift tax issues if the owners contributed unequally. Community property may offer a stepped-up basis on both halves at the first spouse’s death, which matters when the survivor eventually sells. If you aren’t sure which vesting fits your situation, a short consultation with a real estate attorney or tax advisor before recording is money well spent.

Filling Out the Form

Grant deed forms are available from county recorder offices, legal document providers, and in several states as standardized statutory forms. Layouts vary slightly; the content is the same.

  • Recording information at the top. Fill in “Recording Requested By” and “When Recorded Mail To” with the name and address where the recorder should send the original after processing. If the form asks for a tax statement address, include the grantee’s address.
  • Documentary transfer tax line. State the transfer tax amount, often computed on the purchase price. If the transfer is exempt, note the applicable reason.
  • APN. Enter the Assessor’s Parcel Number.
  • Granting clause. This is the operative language, something like “hereby grants to,” followed by the grantee’s full name and chosen vesting. Some forms leave blank lines; others pre-print statutory language.
  • Legal description. Copy the full description from the prior deed. If it’s too long for the form, continue on an attached exhibit labeled “Exhibit A” and reference it in the body (“as more fully described in Exhibit A attached hereto”).
  • Grantor’s signature line. Only the grantor signs. The grantee does not sign, because they are receiving the interest, not conveying it.4California Department of Real Estate. California Department of Real Estate Reference Book – Chapter 7

When the grantor is a business entity, the person signing must have actual authority to bind the entity. For a corporation, that’s typically an officer authorized by a board resolution. For an LLC, it’s a managing member or manager with signing authority under the operating agreement. The signer should include their title below their signature (for example, “John Smith, Manager of Smith Holdings LLC”), and the notary acknowledgment should reflect the representative capacity.

Signing in Front of a Notary

The grantor must sign the grant deed in front of a notary public.5National Notary Association. Notary Signing Agent Document FAQ – Conveyance Deeds The notary verifies identity using government-issued ID, watches the signing, and completes a certificate of acknowledgment that gets attached to the deed. The certificate carries the notary’s signature, seal, and commission information. Without it, the recorder will reject the document.

Do not sign before you arrive at the notary’s office. The notary needs to witness the act of signing. If there are multiple grantors, each must appear before a notary and sign. They can use the same notary at the same appointment or different notaries at different times, but each signature needs its own acknowledgment.

The grantor must be at least 18 and mentally competent, meaning they understand that they are signing a deed and that it transfers their ownership of a specific property. If capacity is in any doubt, as with an elderly parent or someone acting under a power of attorney, get a legal opinion before the signing to prevent a title challenge later. Notary fees vary by state but are typically modest, often under $25 per signature.

Delivery and Acceptance

A signed, notarized deed isn’t effective until it’s delivered by the grantor and accepted by the grantee. Delivery doesn’t just mean handing over paper; it means the grantor intends the transfer to take effect immediately.4California Department of Real Estate. California Department of Real Estate Reference Book – Chapter 7 In most sales this happens automatically through escrow or an attorney, with the grantee accepting by recording. For transfers between family members or informal deals without escrow, be intentional about this step. A signed deed sitting in the grantor’s desk drawer has not been delivered.

Recording With the County

Submit the deed to the county recorder’s office in the county where the property is located.6County of Santa Clara. Recording Real Estate You can record in person at the counter, by mail, or through electronic recording (eRecording) in a growing number of jurisdictions. Mail submissions require a self-addressed stamped envelope for the return of the original.

Many counties now accept electronic submissions through third-party eRecording platforms. You upload a scanned copy of the notarized deed through an approved provider, pay fees online, and receive the recorded document back electronically. Check with your recorder to see whether eRecording is available and which platforms they accept.

Supplemental Forms

The deed alone may not be enough. Many counties require supplemental documents at the time of recording. The most common is a Preliminary Change of Ownership Report (PCOR), which notifies the county assessor that the property has changed hands and gives information about the transaction price. Leaving it out can trigger an added recording fee; in California, the penalty is $20.7California Board of Equalization. Preliminary Change of Ownership Report Some jurisdictions require other forms, such as a declaration of value or a tax affidavit. Call the recorder’s office or check the website before submitting.

Fees and Transfer Taxes

Recording involves two categories of cost. Base recording fees are set by each county and typically cover the first page, with a per-page surcharge for additional pages. First-page fees generally fall in the $10 to $75 range, and extra pages usually cost $3 to $8 each. These change periodically, so confirm the current schedule with your recorder.

Most states also impose a real estate transfer tax (sometimes called a documentary transfer tax) calculated as a percentage of the sale price or the value transferred. Rates vary widely, from a fraction of a percent to over one percent of the sale price. A handful of states impose no transfer tax at all. In California, the county rate is $0.55 per $500 of value, and cities within those counties may add half that amount on top.8California Legislative Information. California Code Revenue and Taxation Code 11911 – Authorization for Tax

Several categories of transfers are commonly exempt from the transfer tax:

  • Gifts, where the grantor receives nothing in return.
  • Transfers into or out of a living trust, because beneficial ownership doesn’t change.
  • Transfers between spouses, including transfers as part of a divorce settlement.
  • Changes in how title is held, where the same parties remain owners with the same proportionate interests but simply restructure their vesting.
  • Deeds given as security for a debt, such as mortgage instruments and reconveyances upon debt satisfaction.

If your transfer qualifies, you still have to claim the exemption on the deed or a separate form at the time of recording, with a specific statutory reference or reason. The recorder will not waive the tax unless you affirmatively claim it.

What You Get Back

The recorder stamps the deed with a unique document number and the exact date and time of recording, then adds it to the public record. That document number and recording date become the official reference for the transfer. The office returns the original to the address you specified on the form. Keep it in a safe place. The recorder maintains its own copy, but the original recorded deed is the grantee’s primary proof of ownership.

Why Recorders Reject Deeds

A rejected deed costs days or weeks and sometimes blows a deadline. The most frequent reasons:

  • Notarization problems: an illegible seal, an expired commission, or names on the acknowledgment that don’t match the names on the deed.
  • Missing or incomplete information in fields such as mailing address, APN, or return address.
  • Legal description errors: a missing exhibit, an illegible description, or a description that doesn’t match the APN.
  • Transfer tax discrepancies: the tax amount on the deed doesn’t match the sale price on the change-of-ownership form, or an exemption is claimed without a stated reason.
  • Missing supplemental forms, such as a Preliminary Change of Ownership Report.
  • Formatting issues: margins too narrow, print too small to scan, or no space for the recorder’s stamps.

Before submitting, review the recorder’s website for formatting and content requirements. A five-minute check against the published checklist can save a trip back to the notary.

Fixing a Mistake After Recording

If you find an error after the deed is recorded, correct it promptly. The longer it sits, the harder and more expensive the fix becomes, especially if parties become unavailable.

For minor typographical errors that don’t affect who owns the property or what property is involved, a scrivener’s affidavit may be enough. This is a notarized statement explaining the error and the correct information, recorded alongside the original deed to clarify the record. It adds context rather than changing the deed itself.

For more significant errors, such as a wrong legal description, an incorrect grantee name, or a missing co-owner, a corrective deed is necessary. The corrective deed uses the same granting language as the original but adds a clause explaining what’s being corrected and references the original deed’s recording number. The original grantor signs and notarizes it, just like the first time. If a grantor refuses to cooperate, the grantee may need to petition a court for reformation of the deed, which requires clear and convincing evidence of the parties’ original intent.

Record Promptly

An unrecorded deed is technically valid between grantor and grantee, since the property changed hands when the deed was delivered and accepted. But an unrecorded deed is invisible to the rest of the world. If the grantor sells the same property a second time to a buyer who has no knowledge of the first transfer, and that second buyer records first, the second buyer may have a superior legal claim. Recording laws in every state protect these bona fide purchasers for value, people who pay real money for property without notice of a prior unrecorded transfer.

Recording also protects against the grantor’s creditors. A judgment lien filed against the grantor after the sale but before recording could attach to property that the public record still shows in the grantor’s name. The cost and hassle of recording is trivial compared to the risk of losing the property entirely. Get the deed on record as soon as you can after closing.