The main types of real estate deeds are general warranty deeds, special warranty deeds, grant deeds, bargain and sale deeds, quitclaim deeds, transfer-on-death deeds, trustee deeds, and executor’s or administrator’s deeds. They sit on a spectrum of buyer protection: at one end, a general warranty deed guarantees clean title stretching back through the property’s entire history; at the other, a quitclaim deed promises nothing at all. The right deed for a transaction depends on who’s selling, what they know about the property, and how much risk the buyer is willing to carry.
A deed is the written document that transfers ownership of real property from a grantor to a grantee. It’s not the same as title, which is the abstract concept of ownership itself. The deed is the paper you sign and record; title is what the deed conveys. Which type of deed is used controls how much legal recourse the new owner has if a problem with that ownership surfaces later.
General Warranty Deed
This is the gold standard for buyers and the default in most residential home sales. The seller makes a full set of legally binding promises, called covenants, that cover the property’s entire ownership history. The seller guarantees that they own the property, that they have the right to sell it, that no undisclosed liens or easements burden it, that no one with a superior claim will interfere with the buyer’s use of the property, and that the seller will step in to fix a title defect if one shows up later. Those promises run back through every prior owner, not just the seller’s own period of ownership. If a problem traces back fifty years, the seller is still liable.
If you’re buying a home through a conventional sale, this is almost certainly the deed you’ll receive. Most lenders require it.
Special Warranty Deed
A special warranty deed narrows the seller’s promises to the time the seller personally owned the property. Anything that went wrong before the seller took title is the buyer’s problem.
This deed shows up most often in commercial real estate, where properties change hands frequently and sellers want to limit their exposure. It’s also common when the seller is a fiduciary, such as an estate executor or trustee, who has no personal knowledge of what happened with the property before they stepped in. A buyer gets more protection than with a quitclaim deed but considerably less than with a general warranty deed.
Grant Deed
A grant deed sits between a general warranty deed and a quitclaim deed, and it’s the standard deed type in several states. The seller makes two implied promises: that they haven’t already transferred the property to someone else, and that they haven’t created any undisclosed liens or encumbrances during their ownership. The grant deed says nothing about what previous owners may have done.
In states where grant deeds are the norm, these covenants are built in by operation of law whenever the word “grant” appears in the conveyance language. Buyers in those jurisdictions typically pair the grant deed with a title insurance policy that covers what the deed itself leaves open.
Bargain and Sale Deed
A bargain and sale deed implies that the seller holds title but makes no promises about liens, back taxes, or other encumbrances. The buyer gets an assurance that the seller is the owner, and nothing more.
These deeds appear most often where the seller has limited knowledge of the property’s history or no appetite for liability. Foreclosure auctions and tax sales are the classic examples. A bank selling a foreclosed home or a government entity auctioning a tax-delinquent property will typically use a bargain and sale deed. Buyers at these sales should budget for a thorough title search and a title insurance policy, because the deed itself offers almost no safety net.
Some jurisdictions allow a variation called a bargain and sale deed with covenants, which adds limited warranties similar to a special warranty deed. It usually comes out of negotiation by a buyer who wants more than the bare default.
Quitclaim Deed
A quitclaim deed offers the buyer zero protection. The seller transfers whatever ownership interest they may have in the property, and makes no promises about whether that interest actually exists or whether anyone else has a competing claim. The seller could have full ownership or none at all, and the deed works the same way either way.
For that reason, quitclaim deeds are almost never used in arm’s-length sales between strangers. They exist for situations where the parties already trust each other or where the goal is to fix paperwork rather than conduct a true sale. Common uses include:
- Transferring property between family members
- Adding or removing a spouse from a title during marriage or divorce
- Moving property into a living trust
- Correcting a misspelled name on an earlier deed
Quitclaim Deeds Don’t Transfer the Mortgage
The single biggest mistake people make with quitclaim deeds is assuming that transferring ownership also transfers the mortgage. It does not. A deed and a mortgage are separate legal instruments. If you sign a quitclaim deed giving your share of a property to your ex-spouse during a divorce, you still owe the lender every payment on that mortgage until the loan is refinanced or the lender formally releases you. Your name stays on the debt even though your name is off the title. Missed payments damage your credit, and the lender can still come after you personally.
Transferring property by any deed can also trigger a due-on-sale clause, letting the lender demand immediate repayment of the entire loan balance. Federal law carves out exceptions for residential properties with fewer than five units. A lender cannot accelerate the loan when property is transferred to a spouse or children, transferred as part of a divorce decree, inherited after a borrower’s death, or moved into a living trust where the borrower remains a beneficiary.
Transfer-on-Death Deed
A transfer-on-death deed, sometimes called a beneficiary deed, lets a property owner name someone who will automatically receive the property when the owner dies, without going through probate. The deed has no effect while the owner is alive. The owner keeps full control and can sell the property, take out a mortgage against it, or revoke the deed at any time.
As of 2025, roughly 32 jurisdictions, including 29 states and the District of Columbia, recognize transfer-on-death deeds. To be valid, the deed must be signed, notarized, and recorded in the local land records before the owner dies. If it isn’t recorded in time, the transfer fails and the property goes through probate like any other asset. Confirm your state recognizes these deeds before relying on one.
Trustee Deed
A trustee deed is used when a trustee transfers property out of a trust. The most common scenario is a nonjudicial foreclosure. In states that use deeds of trust instead of traditional mortgages, a neutral trustee holds legal title to the property as security for the loan. If the borrower defaults, the trustee can sell the property at auction and issue a trustee deed to the winning bidder. The trustee’s authority comes from the original deed of trust, not from the borrower’s consent at the time of sale.
Despite the similar names, a deed of trust and a trustee deed are entirely different documents. A deed of trust is a security instrument, like a mortgage, that pledges property as collateral for a loan. A trustee deed is the conveyance document the trustee uses to transfer the property to a new owner after a foreclosure sale or when distributing trust assets.
Executor’s and Administrator’s Deeds
When someone dies owning real property, an executor or administrator transfers that property to heirs or buyers through a specialized deed. An executor is the person named in the deceased’s will. An administrator is appointed by a probate court when there is no will or when the named executor can’t serve. In either case, the authority to sign the deed comes from the probate court, and the transfer must comply with the will or, if there is no will, with the state’s rules for distributing property to surviving relatives.
These deeds carry limited warranties, similar to a special warranty deed. The executor or administrator can only vouch for what happened during their administration of the estate. Buyers purchasing property from an estate should expect that limitation and plan for title insurance.
Which Deed Fits Your Transaction
Match the deed to the situation:
- Standard home purchase: general warranty deed. The lender will almost certainly require it.
- Commercial purchase: special warranty deed is the norm.
- Family transfer, divorce settlement, or funding a living trust: quitclaim deed. The parties aren’t adversarial, and the priority is simplicity.
- Buying at a foreclosure auction or tax sale: expect a bargain and sale deed or a trustee deed, and plan to spend on a title search and title insurance.
- Purchasing from an estate: expect an executor’s or administrator’s deed with limited warranties.
- Passing property to a specific person at death without probate: a transfer-on-death deed, if your state allows one.
Whichever deed you receive, title insurance is the practical backstop. Even a general warranty deed’s promises are only as good as the seller’s ability to pay if a claim arises later. A title insurance policy shifts that risk to an insurer. Getting title insurance when you receive a quitclaim deed can be harder, because insurers may hesitate when the seller makes no ownership guarantees, but it’s not impossible.
What Every Deed Needs to Be Valid
Regardless of type, every deed has to meet certain basic requirements. The specifics vary by state, but the core elements are consistent:
- A written document. An oral promise to give someone your house isn’t enforceable.
- Named grantor and grantee, plus language showing the grantor’s intent to transfer ownership, such as “grant” or “convey.”
- A legal description of the property. A street address isn’t enough; the deed needs lot and block numbers from a recorded plat, or a metes and bounds survey description. A deed that doesn’t identify a definite piece of land is void.
- A statement of consideration, even a nominal amount. A typical deed might say “for ten dollars and other good and valuable consideration.”
- The grantor’s signature. The grantee’s signature is generally not required.
- Delivery and acceptance. The grantor has to physically or constructively deliver the deed to the grantee, and the grantee has to accept it, during both parties’ lifetimes. A deed sitting in the grantor’s desk drawer hasn’t been delivered.
Most states also require notarization before a deed can be recorded. Notarization doesn’t make the deed valid between the parties, but without it the county recorder’s office will reject the document. Some states require witnesses as well.
Recording the Deed
A deed is legally effective between the grantor and grantee the moment it is delivered and accepted. But until it’s recorded with the county recorder or clerk in the county where the property sits, the rest of the world has no official notice that the transfer happened. Recording creates a public record that protects the new owner against someone else later claiming they bought the same property, and it maintains the chain of title.
Recording fees and transfer taxes vary widely by jurisdiction. Some states exempt certain transfers, such as gifts between family members, from transfer taxes. Your closing agent or title company will handle recording in a standard sale, but if you’re transferring property outside of a formal closing, filing the deed is your responsibility. Skipping that step is one of the most common and most costly mistakes people make with property transfers.