Quitclaim Deed Instructions

Need Help With a Quitclaim Deed?

You are in the right place.

When you need to transfer ownership or change who owns your property, a quitclaim deed is often the document used.

Whether you are adding a spouse to title, transferring property to a family member, moving real estate into a trust, or handling an inheritance, this guide explains quitclaim deeds in plain English and points you to the rules for your state.

Most people deal with a property ownership change only once or twice in a lifetime, so it is completely normal if the words and steps feel unfamiliar at first. The process becomes much easier once you know what is required, what questions to ask, and which steps apply to your situation.

You May Have Questions. We Can Help.

It is common to have questions when you are making an important change to property ownership.

You may be wondering:

Examples: Do I need a notary in Florida?   How do I record a deed in Nevada?

The Document Is Only Part of the Process

The details are usually where questions begin.

Before moving forward, people often want to understand:

The answers depend on your situation and where the property is located. Understanding these details before you begin makes the process much smoother.

Our goal is simple: help you understand the process before making an important property decision.

Find Your State's Requirements

The process can be different depending on where your property is located.

Every state has its own requirements for:

  • Signing and notarization
  • Recording procedures
  • Required forms
  • Taxes and fees
  • Special state requirements

Choose your state to find the information that applies to your property.

Choose Your State

From Your Question to Your Next Step

Tell Us What You Are Trying to Do

Start with your question or situation. You do not need to know the legal terms. Just explain what you are trying to accomplish.

Find the Information That Applies to You

Quitclaim deed requirements can vary by state and county. Find the information for where your property is located.

Understand What Comes Next

Learn what to prepare, what questions to ask, and what to expect before moving forward.

Learn the Basics Before You Begin

If this is your first time dealing with a quitclaim deed, spending a few minutes understanding the basics can make the rest of the process much easier.

Our guide explains:

  • What a quitclaim deed is
  • When people commonly use one
  • When another type of deed may be a better choice
  • What information belongs on the deed
  • What happens after signing and recording

Whether you are just getting started or want to better understand the process, you will find clear, plain-English explanations throughout the guide. When a legal term matters, click the highlighted term for a quick plain-English explanation.

Read the Complete Guide
Guide Chapters 1. What Is a Quitclaim Deed? 2. Common Reasons People Use Quitclaim Deeds 3. What a Quitclaim Deed Does Not Do 4. Quitclaim Deed vs. Warranty Deed 5. What You Need Before Preparing a Deed 6. Ownership Choices Matter 7. Signing, Notarization, and Remote Online Notarization 8. Recording the Deed 9. Taxes, Transfer Forms, and Required Disclosures 10. Common Mistakes to Avoid 11. Choose Your State 12. Quitclaim Deed FAQ

1. What Is a Quitclaim Deed?

A quitclaim deed is a legal document used to transfer whatever ownership interest one person has in real estate to someone else.

The key phrase is whatever ownership interest. That means the deed transfers only the rights the signer actually has.

If the person signing the deed owns the entire property, the deed may transfer that ownership. If the person owns only part of the property, the deed transfers only that part. If the person does not actually own the property, the quitclaim deed may transfer nothing at all.

Simple Example

Mary owns a home in her own name. She signs a quitclaim deed transferring the home into her living trust. Because Mary already knows she owns the home, a quitclaim deed may be a practical way to update ownership for estate-planning purposes.

A quitclaim deed is often used between people who already know and trust each other, such as family members, spouses, former spouses, or people transferring property into a trust.

Common misunderstanding:

A quitclaim deed does not guarantee that the title is clear. It transfers ownership rights, but it does not promise that there are no liens, title defects, boundary issues, or ownership disputes.

2. Common Reasons People Use Quitclaim Deeds

Quitclaim deeds are often used when ownership needs to change between people who already understand the situation. These transfers are usually different from a traditional property sale — in many cases, the people involved already know each other and understand why the ownership change is taking place.

Adding a Spouse to Property Ownership

Often used when ownership needs to be updated after marriage or another life event.

Removing a Former Spouse From Ownership

Common when ownership records need to be updated after divorce or separation.

Transferring Property Within a Family

Often used for transfers between parents, children, relatives, or other family members.

Moving Property Into a Trust

Sometimes used when updating ownership as part of estate planning.

Handling an Inheritance

May be used when ownership records need to be updated after inherited property changes hands.

Correcting or Updating Ownership Records

Sometimes used when ownership names or records need to be updated.

However, preparing the document is only one part of the process. Depending on your state and county, you may also need to consider the legal description, signing requirements, notarization, recording procedures, forms, fees, and other requirements.

3. What a Quitclaim Deed Does Not Do

A quitclaim deed changes the ownership of the property. It does not automatically clear up existing legal or financial issues such as mortgages, liens, unpaid property taxes, or ownership disputes.

A quitclaim deed does not automatically:

Be careful when buying property from a stranger.

If you are paying money to buy property from someone you do not know well, a quitclaim deed may offer too little protection. You may want title research, title insurance, and a deed that includes stronger promises from the seller.

A quitclaim deed is simply one of several types of deeds used to transfer real estate. Like any legal document, it works well when used for the right purpose and may not be the best choice for every situation.

Understanding what a quitclaim deed does—and just as importantly, what it does not do—will help you decide whether it is appropriate for your particular situation.

4. Quitclaim Deed vs. Warranty Deed

The difference between a quitclaim deed and a warranty deed comes down to promises.

Issue Quitclaim Deed Warranty Deed
What it transfers Whatever ownership interest the grantor has Ownership with warranties or promises about title
Title protection Usually no promise of clear title Usually includes promises about title quality
Common use Family, spouse, trust, divorce, or correction transfers Traditional real estate sales
Best for Transfers between people who already know the situation Buyers who want stronger protection

A warranty deed is often used in a normal sale because the buyer wants protection. A quitclaim deed is often used when the parties already know each other and are not asking for those same warranties.

5. What You Need Before Preparing a Quitclaim Deed

Before filling out a deed, gather the information you will probably need. This prevents mistakes and makes the recording process smoother.

The legal description is especially important. A street address is helpful for people, but the legal description is what identifies the property in the deed records.

Tip:

Do not rely only on a property tax bill or online map for the legal description. The safest starting point is usually the current recorded deed or official county land records.

Want to see how this comes together on the page? Check out our filled-out quitclaim deed example for a plain-English walkthrough.

6. Ownership Choices Matter

If more than one person will own the property after the transfer, the wording on the deed matters. It may affect what happens if one owner dies, whether probate is needed, and how each person’s share can be transferred.

Tenants in Common

Tenants in common generally means each owner has a separate ownership share. That share can usually pass through the owner’s estate when they die.

Joint Tenancy With Right of Survivorship

Joint tenancy with right of survivorship generally means the surviving owner may automatically receive the deceased owner’s interest.

Do not guess on ownership wording.

A few words can change what happens later. If two or more people will own the property, choose the ownership wording carefully and check your state’s rules.

7. Signing, Notarization, and Remote Online Notarization

In most cases, the grantor signs the quitclaim deed in front of a notary public.

The notary does not decide whether the deed is a good idea. The notary’s job is usually to verify identity, witness the acknowledgment, and complete the notary section properly.

Some states allow Remote Online Notarization (RON), which lets you meet with a notary through secure live video instead of traveling to an office.

Before using online notarization for a deed, confirm that it is allowed for your state and that the county recording office will accept the remotely notarized document.

Want to know whether your state allows online notarization? Visit our Remote Online Notarization by State guide for a state-by-state overview.

8. Recording the Deed

After the deed has been signed and properly notarized, it should generally be recorded with the county recording office where the property is located. Recording creates a public record of the ownership transfer and helps protect the new owner's interest.

The recording office goes by different names depending on the state, such as County Recorder, Recorder of Deeds, Register of Deeds, Clerk and Recorder, Chancery Clerk, or another local title.

How Can I Record My Deed?

Many counties accept deeds by mail, many welcome walk-in recordings during business hours, and some participate in electronic recording (eRecording) through approved providers. Available options vary by county.

Before submitting your deed, check the county's website or contact the recording office to confirm accepted submission methods, recording fees, payment options, formatting requirements, and any required supplemental forms.

Helpful Tip: If you mail your deed, consider using a service with tracking and include a self-addressed stamped envelope if requested so your recorded deed can be returned promptly.

Before You Record

  • Review the deed for accuracy.
  • Confirm all required signatures and notarizations are complete.
  • Include any required forms.
  • Verify recording fees and payment methods.
  • Confirm the correct recording office.

After recording, the county will generally return the original recorded deed or provide a recorded copy, depending on its normal procedures.

9. Taxes, Transfer Forms, and Required Disclosures

This is where state-specific rules matter most.

Some states charge transfer tax, deed tax, documentary tax, realty transfer fee, or another recording-related tax when real estate changes hands. Some states have no statewide transfer tax. Some counties or cities may have their own rules.

Some states also require extra forms, such as transfer declarations, certificates of value, affidavits, assessor forms, tax statements, water-right disclosures, or local cover sheets.

Plain-English rule:

Do not assume a quitclaim deed is tax-free just because it is not a normal sale. Also do not assume tax is due without checking exemptions. The correct answer depends on your state, your county, and the reason for the transfer.

10. Common Quitclaim Deed Mistakes to Avoid

Most mistakes are avoidable if you slow down, use the current deed as a reference, check your state page, and confirm the county recording requirements before submitting the document.

11. Choose Your State

Quitclaim deed rules are not identical in every state. Choose the state where the property is located for recording office names, notarization rules, witness rules, taxes, forms, and special requirements.

Alabama Alaska Arizona Arkansas California Colorado Connecticut Delaware Florida Georgia Hawaii Idaho Illinois Indiana Iowa Kansas Kentucky Louisiana Maine Maryland Massachusetts Michigan Minnesota Mississippi Missouri Montana Nebraska Nevada New Hampshire New Jersey New Mexico New York North Carolina North Dakota Ohio Oklahoma Oregon Pennsylvania Rhode Island South Carolina South Dakota Tennessee Texas Utah Vermont Virginia Washington West Virginia Wisconsin Wyoming

12. Quitclaim Deed FAQ

Can I prepare my own quitclaim deed?

Many people prepare their own quitclaim deed, especially for simple family, spouse, trust, or correction transfers. The important part is using accurate information, the correct legal description, proper notarization, and the right state and county recording process.

Can a quitclaim deed remove someone from a mortgage?

No. A quitclaim deed may change who is listed on title, but it does not automatically remove anyone from a mortgage loan. The lender controls loan responsibility.

Can I add my spouse with a quitclaim deed?

A quitclaim deed is often used to add a spouse to title. The exact ownership wording should be chosen carefully because it may affect future rights, inheritance, and ownership after death.

Can I transfer property to my trust?

Many people use a deed to transfer property into a living trust. The deed wording should match the trust documents, and state recording requirements should be checked before recording.

Does a quitclaim deed need witnesses?

Some states require witnesses for deeds and others do not. Check the state page for the property location before signing.

What happens after the deed is recorded?

After recording, the deed becomes part of the public land records. The county usually returns the recorded document or provides access to a recorded copy. Some states or counties may require additional tax or assessor filings.

Can I change my mind after recording a quitclaim deed?

Usually not by simply tearing it up or asking the county to undo it. A new deed, court order, or legal action may be required depending on the facts. Think carefully before signing and recording.

Is this legal advice?

No. This guide provides general educational information only. It is not legal advice and does not replace advice from a qualified professional familiar with your specific situation.

🛟 Want Help With Your Next Step?

Many property owners start by learning the process themselves. Others decide they would rather avoid the guesswork, especially when legal descriptions, recording rules, notarization, required forms, taxes, or ownership wording are involved.

If you want help choosing your next step, visit our Quitclaim Deed Help page.