You file a quitclaim deed with the county recording office in the county where the property is physically located. Depending on the state, that office is called the County Recorder, the Register of Deeds, the County Clerk, or the Clerk of the Superior Court. It is never filed where you live or where the grantee lives, and it cannot be filed in a neighboring county. Property records in the United States are kept at the local level, so the deed has to go to the jurisdiction that holds the chain of title for that specific parcel.
Finding the Correct Recording Office
Start with the official government website for the county where the property sits. Look for a department labeled “land records,” “property recording,” “official records,” or one of the office names above. The page will list the office’s street address, hours, accepted payment methods, and submission rules. If you file in the wrong place, or skip recording entirely, the transfer will not appear in the public record, and the new owner’s rights can be jeopardized if a competing claim surfaces later.
Many offices accept documents three ways: in person at the counter, by certified mail, or through an electronic recording system where one is available. The right choice usually comes down to how fast you need the recording timestamp and whether the office requires any supplemental forms that are easier to hand over at the counter.
What the Deed Must Contain Before You File
Recording offices review every document before accepting it. A quitclaim deed that is missing required information will be rejected at intake, so check the following before you leave the house:
- The grantor’s and grantee’s full legal names, matching government-issued identification. The grantor is the person giving up the interest; the grantee is the person receiving it.
- The legal description of the property. This is not the street address. It is the formal description — metes and bounds, lot and block, or a subdivision plat reference — taken from the most recent recorded deed.
- The assessor’s parcel number, which ties the deed to the correct tax records. You can find it on your property tax bill or on the county assessor’s website.
- The grantee’s mailing address, so the office can return the original document after processing.
Blank quitclaim deed forms are generally available through local government websites or at the recording office itself. Some jurisdictions require their own form, so check before using a generic template. In many jurisdictions the grantor’s marital status must be stated on the deed, and a spouse’s signature may be required even if the spouse is not currently on the title.
Notarization
The grantor must sign the deed in front of a notary public. Nearly every state requires notarization as a condition of recording. The notary verifies the signer’s identity, confirms the signature is voluntary, and completes an acknowledgment — a separate section of the document certifying that the grantor appeared in person and signed willingly. A missing or incomplete acknowledgment, an illegible stamp, or a notary whose commission has expired will cause the office to reject the deed.
Witnesses in Certain States
A handful of states require witnesses in addition to the notary. Connecticut, Florida, Louisiana, and South Carolina each require two witnesses. Georgia requires one. In some of these states the notary can serve as one of the required witnesses; in others, the notary and the witnesses must be separate people. Confirm your state’s rule before signing, because a deed without the proper witnesses will be rejected.
Submitting the Deed and Paying the Fees
Once the deed is signed, notarized, and witnessed where required, submit it to the recording office with the correct fees. If you mail the document, include a self-addressed stamped envelope so the original comes back to you.
Recording fees vary widely. A typical single-page deed may run roughly $10 to $50 or more for the first page, with a per-page charge for additional pages. Some offices tack on separate fees for records management, archiving, or security. Call ahead or check the office’s fee schedule online. Submitting the wrong amount, even by a few dollars, is one of the most common reasons deeds come back unrecorded.
Transfer Tax Forms and Other Supplemental Documents
Many jurisdictions impose a real estate transfer tax when property changes hands. Rates vary significantly: some states charge nothing, while others charge a percentage of the property’s value. Common exemptions exist for transfers between spouses, transfers into a living trust where the grantor remains a beneficiary, gifts between family members, and transfers ordered by a divorce decree. If an exemption applies, you typically have to write a specific exemption code on the deed or attach a separate exemption form.
Some jurisdictions also require a preliminary change of ownership report, a short questionnaire about the nature of the transfer, so the local assessor can decide whether to reassess the property. If this form is missing when you file, the office may charge an additional fee or refuse to record the deed.
After the Office Accepts the Deed
When the recording office accepts your deed and payment, it assigns the document a unique instrument number or a book-and-page reference. That is the official timestamp. The office then scans and indexes the deed into the public record and mails the original back to the address on the document. Processing and return times vary, but many offices complete this within a few weeks.
Common Reasons a Quitclaim Deed Gets Rejected
Knowing the usual rejection reasons can save you a second trip:
- Notary problems: a missing or incomplete acknowledgment, an illegible stamp, or an expired commission.
- A legal description that does not match the description in the existing chain of title.
- Missing grantor information, including marital status or a required spousal signature.
- Incorrect recording fees.
- Missing supplemental forms, such as a transfer tax exemption form or a change of ownership report.
- Formatting that falls outside the office’s requirements for paper size, margins, or font.
When a deed comes back, the office usually attaches a note explaining what needs to be fixed. You can correct the issue and resubmit, but if the fix touches the signature or the acknowledgment, you will need to have the deed re-notarized.
Why Recording Matters Even Though the Deed Is Already Valid
A quitclaim deed is legally valid between the grantor and the grantee the moment it is signed and delivered. Recording is not required for the transfer itself to take effect. The problem is that an unrecorded deed is invisible to everyone else. Under state recording acts, a later buyer or lender who has no knowledge of your unrecorded deed and who records their own deed first can take priority over you. If the grantor turned around and sold the same property to a bona fide purchaser who recorded first, you could lose the property entirely. Recording your deed promptly puts the world on notice that you hold an interest in the property.