To notarize a quitclaim deed, the grantor fills out the deed completely, leaves the signature line blank, appears in person before a notary public with a valid photo ID, signs the deed while the notary watches, and pays a small fee. The notary verifies identity, confirms the signer understands the document and is acting voluntarily, then applies a signature, date, commission expiration, and official seal. In a handful of states you also need one or two witnesses present. After notarization, the deed still has to be recorded with the county for the transfer to be effective against third parties.
Fill Out the Deed Before You Go
The deed needs to be complete when you arrive, with one exception: do not sign it. Signing beforehand defeats the purpose of notarization, because the notary has to watch the signature happen. Most notaries will refuse a pre-signed deed, and county recorders will reject it.
Every quitclaim deed needs the grantor’s and grantee’s full legal names exactly as they appear on official records, the legal description of the property, a consideration statement, and a return address for the recorder to mail the document back to after processing.
The legal description is where deeds most often go wrong. A street address is not enough. You need the formal description used on the current deed, which typically appears as lot and block numbers from a recorded subdivision map, metes and bounds surveyor language, or tax parcel identification numbers. Pull it from the most recently recorded deed for the property, your property tax statement, or the county assessor’s office, and copy it exactly.
The consideration statement is the amount paid for the transfer. Family transfers commonly list nominal consideration, something like “$1 and other good and valuable consideration.”
Name mismatches are the other frequent problem. The name printed on the deed must match the name on the ID the grantor brings to the appointment. If the grantor recently changed their name and their ID hasn’t caught up, bring the marriage certificate or court order along with the current ID.
Finding a Notary and What It Costs
Notaries work at banks, shipping stores, real estate offices, and law firms. Mobile notaries will travel to a home or care facility, which helps when a grantor has limited mobility. A standard notarization runs roughly $5 to $25 per signature depending on your state’s fee schedule. Mobile notaries add travel fees on top, often $30 to $60 or more depending on distance.
Every grantor named on the deed has to appear in person. The notary is legally required to be in the same room as each signer. The grantee does not need to attend.
Each grantor brings a valid, government-issued photo ID: a driver’s license, state-issued ID card, or U.S. passport all work.
A few states allow a “proof of execution by subscribing witness” procedure when a grantor genuinely cannot appear, where a witness sees the signing and then swears to it before the notary. This is rare, not available everywhere, and not something to rely on as a backup plan.
States That Require Witnesses
Some states require witnesses in addition to the notary, and if you show up without them, you will leave with an incomplete deed. Florida requires two witnesses for quitclaim deeds. Georgia and Louisiana each require two witnesses, and neither state lets the notary count as one of them. Connecticut and South Carolina also require two witnesses but do allow the notary to serve as one.
Witnesses generally must be adults who are not parties to the transfer. Line them up before the appointment. Some notary offices can provide a witness, but don’t assume so.
What Happens at the Appointment
The notary starts by checking each grantor’s photo ID against the name on the deed, then looks over the deed for blank spaces or inconsistencies. Anything missing gets flagged before anyone signs.
Then the notary asks questions. This part surprises people. The notary is not a rubber stamp; they have to assess whether the signer understands the document and is signing voluntarily. Expect questions along the lines of “Can you explain what this document does?” or “Is anyone pressuring you to sign?” If the notary believes a signer is confused, disoriented, or being coerced, they are required to refuse. This comes up most often when an elderly grantor arrives with a relative who tries to answer for them or push the process along.
Once the notary is satisfied, the grantor signs. The notary then completes the notarial certificate with their own signature, the date, and their commission expiration date, and applies their seal or stamp. You pay the fee, and the notarization is done.
Recording the Deed With the County
A notarized deed in your filing cabinet does not protect the grantee. Until it is recorded with the county recorder’s office (also called the register of deeds or county clerk) in the county where the property sits, the transfer is not part of the public record. A creditor or subsequent buyer could claim they had no notice of it, and in most states, if the grantor transferred the same property to someone else who recorded first without knowledge of your deed, that second person could prevail. Recording promptly closes that gap.
Bring the original notarized deed to the county office and pay the recording fee, which ranges roughly from $10 to $50 depending on the county and page count. Many jurisdictions also charge a transfer tax based on sale price or assessed value, and some require supplemental forms at recording, such as a transfer tax return or preliminary change of ownership report. Call the recorder’s office before you go so you don’t get turned away for missing paperwork.
Common Reasons Deeds Get Rejected
Recorders review every deed for compliance, and rejections tend to trace back to the same handful of issues:
- The notary didn’t sign, didn’t apply the seal, or used an expired commission.
- The name in the body of the deed doesn’t match the signature or the notarial certificate.
- The property is described only by street address, not by full legal description.
- The recording fee is wrong or the check is made out to the wrong office.
- A required transfer tax return or other local form is missing.
- There is no return address for the recorder to mail the deed back to.
A rejected deed means starting the recording process over, and if the notarization itself was defective, a new notary appointment too.
If There’s a Mortgage on the Property
Notarizing and recording a quitclaim deed does not remove the grantor from the mortgage. The mortgage is a separate contract with the lender. Even after ownership transfers, the original borrower remains personally liable, and if payments stop, the lender can pursue that borrower’s credit and foreclose regardless of who now holds title.
Transferring mortgaged property can also trigger the lender’s due-on-sale clause, which lets the lender demand immediate repayment of the entire balance. Federal law authorizes lenders to enforce this clause on real property loans generally, so the risk is not confined to certain states.1Office of the Law Revision Counsel. 12 USC 1701j-3 – Preemption of Due-on-Sale Prohibitions
The same statute carves out exceptions for residential property with fewer than five units. A lender cannot accelerate the loan for transfers to a spouse or children, transfers required by a divorce decree or property settlement, transfers into a living trust where the borrower remains a beneficiary and occupancy doesn’t change, or transfers by inheritance or joint tenancy survivorship after the borrower’s death. Many family quitclaims fall inside these exceptions.1Office of the Law Revision Counsel. 12 USC 1701j-3 – Preemption of Due-on-Sale Prohibitions
If your transfer doesn’t fit one of those exceptions, talk to the lender before recording. A formal loan assumption, where the new owner qualifies to take over the mortgage, is the clean option. Recording and hoping the lender doesn’t notice is a gamble that can end in a demand for full repayment.
Gift Tax and Property Tax Consequences
Transferring property to someone other than your spouse without receiving fair market value in return is a gift to the IRS. If the value exceeds the annual exclusion ($19,000 per recipient for 2026), you have to file Form 709, the federal gift tax return, for that year.2Internal Revenue Service. Gifts and Inheritances
Filing doesn’t necessarily mean owing tax. The amount above the annual exclusion counts against a lifetime gift and estate tax exemption of $15,000,000 for 2026, so most people never actually owe federal gift tax.3Internal Revenue Service. What’s New – Estate and Gift Tax The filing requirement itself is what catches people off guard. Deeding a $300,000 house to an adult child for no consideration is a $300,000 gift, and the return is due by April 15 of the following year.4Internal Revenue Service. Instructions for Form 709 Fair market value at the time of transfer, not the original purchase price, is what determines the gift amount.
Transfers between U.S. citizen spouses are generally exempt under the unlimited marital deduction. Transfers under a divorce decree or property settlement fall outside gift tax rules. For anything else involving property worth more than the annual exclusion, talk to a tax professional before recording.
A change in ownership can also trigger a property tax reassessment at the local level. Some jurisdictions exempt spousal or parent-to-child transfers, but the rules and required paperwork vary. Check with the county assessor before recording so the property tax bill doesn’t jump unexpectedly.