To get a quitclaim deed, you fill out a state-specific form with the property’s exact legal description and the full legal names of the grantor and grantee, sign it in front of a notary public, and record it with the county recorder in the county where the property sits. Most people can complete the whole process in a single day once the paperwork is in hand. Because a quitclaim deed transfers only whatever interest you happen to have — with no promise that the interest is good or that the property is free of liens — it is best suited to transfers between people who trust each other, such as spouses, family members, or co-owners moving a property into a living trust.
Gather the Information First
The deed has to match existing public records exactly, so collect these details before you touch a form:
- The full legal names of the grantor (the person giving up the interest) and the grantee (the person receiving it), spelled exactly as they appear on prior recorded documents. If the last deed says “Robert J. Smith,” using “Bob Smith” creates a break in the chain of title.
- The property’s legal description. A street address is not enough. You need either a metes-and-bounds description or a lot-and-block reference tied to a recorded subdivision map, copied word for word from the most recent deed on file.
- The assessor’s parcel number (APN), which links the deed to the local tax system. It appears on your property tax bill and on your county assessor’s website.
- The grantee’s mailing address. Most county recorders require it on the face of the deed.
The quickest way to confirm the legal description and the grantor’s name is to pull the current recorded deed from your county recorder’s online database, which usually lets you search by address or parcel number. If the description is unclear or the property has never been formally platted, a title company or surveyor can help you draft an accurate one.
Get the Right Form and Fill It Out
Most county recorders publish blank quitclaim deed forms on their websites, and state-specific templates are widely available from legal-document and office-supply sites. Using a form made for your state matters because recorders enforce local formatting rules: typically white 8.5-by-11-inch paper, minimum one-inch margins, black ink, and a reserved blank space in the upper-right corner of the first page for the recorder’s stamps.
Three mistakes cause most rejections. The grantor’s name has to match the prior deed exactly. The legal description has to be copied verbatim from the source document. The APN has to be accurate and placed in the designated field.
Many jurisdictions also require supplemental paperwork alongside the deed, such as a change-of-ownership statement or a transfer tax affidavit explaining why the property changed hands and whether the transfer qualifies for a property tax exemption. A missing or incomplete supplemental form will get your filing rejected, so check your county recorder’s website for a document checklist before you leave the house.
Sign It in Front of a Notary
The grantor signs the deed in front of a notary public. The notary checks the grantor’s government-issued photo ID, confirms the signature is voluntary, completes a certificate of acknowledgment, and applies an official seal. Without a valid notary acknowledgment, the recorder will refuse the deed.
The grantee usually does not sign. Acceptance of the interest is implied once the deed is recorded. A few states require one or two witnesses in addition to the notary, so confirm your state’s rule before the signing appointment rather than redoing it later.
Notary Fees
Most states cap per-signature notary fees, with caps generally falling somewhere between $2 and $25. A standard quitclaim deed with one grantor needs just one notarized signature. A mobile notary who travels to you will add a travel fee that is generally not regulated.
Remote Online Notarization
Most states now authorize remote online notarization, which lets you sign over a live video call. The notary verifies your identity through credential analysis of your ID and knowledge-based authentication questions, and the whole session is recorded. Not every county recorder accepts remotely notarized deeds, so confirm with your local office before using this option.
File the Deed With the County Recorder
Once the deed is signed and notarized, you file it with the county recorder — sometimes called the registrar of deeds — in the county where the property is located. Most offices accept filings in person at the clerk’s window or by certified mail. Some counties also allow electronic recording through third-party vendors, though this route is used mostly by title companies and attorneys rather than individuals.
The clerk reviews the deed for formatting, legibility, a valid notary acknowledgment, any required supplemental forms, and the correct fee. Anything missing and the deed comes back unrecorded.
Recording Fees
Recording fees vary widely. Some counties charge a flat fee per document, commonly in the $10 to $100 range, while others charge per page. A few add surcharges for technology funds or affordable-housing programs. Call your county recorder or check their website for the exact amount before you go.
Transfer Taxes
Many states and some local governments charge a documentary transfer tax when real property changes hands. Rates run from zero in states with no transfer tax up to as high as 3% of value in states with progressive structures. Quitclaim transfers between family members, between spouses during a divorce, or into a revocable living trust often qualify for exemptions, but you generally have to state the exemption and the reason on the deed or a supplemental form. Any tax owed is due at the time of recording.
After the Deed Is Recorded
When the clerk accepts the deed, it is stamped with a unique instrument number and a timestamp marking the exact moment the transfer enters the public record. That recording gives constructive notice to the world — including future buyers, lenders, and title companies — that the grantee now holds the interest. The recorder returns the original stamped deed to the mailing address on the form, which can take a few days to several weeks depending on processing volume.
Before You Record, Know These Consequences
A quitclaim deed moves ownership. It does not clear up mortgages, taxes, or title problems, and some of its downstream effects catch people off guard.
The Mortgage Does Not Go With the Deed
If you quitclaim your interest to someone else, you remain personally liable on any existing mortgage until the lender releases you, typically through a refinance in the grantee’s name or a formal loan assumption. Most residential mortgages also contain a due-on-sale clause that lets the lender demand full repayment when ownership changes.
Federal law blocks lenders from enforcing that clause for several common transfers on residential properties with fewer than five units: transfers to a spouse or children, transfers resulting from a divorce decree or property settlement that makes the borrower’s spouse an owner, transfers into a living trust where the borrower remains a beneficiary and occupancy does not change, and transfers to a relative when the borrower dies or by operation of law when a joint tenant or tenant by the entirety dies. These protections come from the Garn-St. Germain Depository Institutions Act.1Office of the Law Revision Counsel. 12 U.S. Code 1701j-3 – Preemption of Due-on-Sale Prohibitions A transfer outside those categories, such as to an unrelated person or to a business entity, lets the lender call the loan due. Contact your mortgage servicer before recording the deed if you are unsure whether your transfer qualifies.
Gift Tax, Carryover Basis, and Property Tax
If you quitclaim property without receiving fair market value in return, the IRS treats the transfer as a gift. When the value of your interest exceeds the annual gift tax exclusion — $19,000 per recipient for 2026 — you must file Form 709 with your tax return.2Internal Revenue Service. IRS Releases Tax Inflation Adjustments for Tax Year 2026 Filing does not necessarily mean you owe tax; the gift counts against your lifetime exemption, which is $15,000,000 for 2026.3Internal Revenue Service. Whats New – Estate and Gift Tax The filing itself is mandatory once the annual exclusion is exceeded.4Internal Revenue Service. Instructions for Form 709
The grantee also inherits your original tax basis in the property rather than a basis equal to current fair market value. This is called carryover basis.5Internal Revenue Service. Property (Basis, Sale of Home, etc.) Property passed at death, by contrast, receives a stepped-up basis to fair market value, which often eliminates capital gains. That difference can make a lifetime quitclaim less tax-efficient than leaving the property through your estate.
Recording a deed can also trigger reassessment of the property for local tax purposes, raising the annual bill. Transfers between spouses, between parents and children, and into revocable trusts often qualify for exemptions that prevent reassessment, but you generally have to file for them. Check with your county assessor before recording.
No Title Guarantees
A quitclaim deed makes no promises about the quality of title. The grantor does not guarantee ownership, the absence of competing claims, or a clean record of liens. If a problem surfaces later, the grantee has no recourse against the grantor based on the deed itself. If you are receiving a property and are not confident about its title history, consider a title search before accepting the deed, or ask the grantor to use a warranty deed instead.
Medicaid Look-Back
If you quitclaim your home for less than fair market value and later apply for Medicaid long-term care coverage, the transfer can trigger a penalty period during which you are ineligible for benefits. Medicaid uses a 60-month look-back, reviewing asset transfers made in the five years before your application.6Centers for Medicare & Medicaid Services. Transfer of Assets in the Medicaid Program – Important Facts for State Policymakers If long-term care planning is part of your reason for the transfer, speak with an elder law attorney before recording the deed.