Alabama Quitclaim Deed Instructions

Step 1: Find the Right Probate Office

Record the deed with the Judge of Probate in the county where the property is located, which may not be the county you live in.

The Judge of Probate is the county office that keeps land records in Alabama. The name sounds like a court for wills, and the office does handle those, but recording a deed there is an ordinary filing. Why Alabama deeds go to the Judge of Probate explains how the office got its name.

The Alabama Secretary of State lists every county's probate office, with its address and phone number.

Step 2: Show Who Prepared the Deed

Alabama will not record a deed unless it shows the name and address of the person who prepared it, printed, typed or stamped on the deed.

If you are filling in a form yourself, the preparer is you. The law treats the person who filled in the blanks, or the person who reviewed the blanks filled in by someone else, as the one who prepared the deed.

Add the mailing address where the probate office should send the deed after recording.

Step 3: Fill In Your Name and Marital Status

As the grantor, you are the owner signing the property away. Use your full legal name, exactly as it appears on the current deed.

You must state on the deed whether you are married. The probate judge cannot accept a deed from an individual grantor that leaves this out. Make sure it is accurate, because knowingly giving a false marital status is a misdemeanor, which is a minor crime.

If the owner is a company or a trust rather than a person, marital status does not apply. The deed names the company, or the trustee who signs for the trust.

Step 4: Fill In the Grantee's Name and Address

The grantee is the person receiving the property. Write the grantee's full legal name and mailing address.

Check the spelling carefully. The name on the deed is the name the county records will carry, and changing it later means recording another deed.

Wording That Matters

The sentence that transfers the property should say that you quitclaim it to the grantee, for example: “I, [your name], quitclaim to [grantee's name] all my interest in the property described below.” Leave out the words “grant,” “bargain” and “sell.” In Alabama, those words add promises about the title that a quitclaim deed is not meant to make.

Step 5: Add the Legal Description

The legal description is the exact wording that identifies the land. Copy it word for word from the current recorded deed. A street address is not a legal description, and neither is the shorter description on the tax record.

If you do not have the current deed, the probate office holds the recorded original and can give you a copy.

Also give the deed book and page of the current deed, so the record shows where you got the property. The probate office stamped both on the deed when it was recorded.

Many descriptions refer to a plat, which is a recorded map dividing land into numbered lots. If yours does, Alabama will record the deed only if the plat is attached, or if the deed names the plat book and the office that keeps it and also describes the land by metes and bounds, meaning by its measured boundary lines. A narrow exception covers some older plats that were never recorded and cannot be found.

Step 6: Say How Co-Owners Will Hold Title

If the deed names more than one grantee, decide what should happen to a co-owner's share when that co-owner dies.

Alabama does not give co-owners a right of survivorship on its own. Unless the deed says otherwise, a co-owner's share passes through that person's estate, not to the other owners.

If you want the surviving owner to take the whole property, the deed has to say so, with words such as "as joint tenants with right of survivorship."

You can also deed the property to yourself and another person this way, as long as the deed clearly shows that survivorship is intended.

Step 7: Check Whether Your Spouse Must Sign

If you are not married, skip this step.

If you are married and live on the property, Alabama requires your spouse to sign the deed too, even when your spouse's name is not on the title. Your spouse signs in front of a notary, who adds a certificate that your spouse signed willingly. A deed missing your spouse's signature is not valid.

Alabama law calls this your homestead: the house or mobile home you live in, with its land, up to 160 acres. It is not the same thing as the homestead exemption on a property tax bill, which is a separate program.

If you do not live on the property, as with a vacant lot, a rental house or land you own elsewhere, this rule does not apply. A vacant lot counts only if it is part of the land around your home. It is common practice for the deed to say that the property is not your homestead.

Step 8: Sign in Front of a Notary or a Witness

Alabama requires your signature to be witnessed: someone watches you sign and then signs the deed as a witness.

An acknowledgment, which means confirming to a notary that the signature is yours, counts as that witness. That is why most Alabama deeds are simply notarized.

If you are not able to sign your name, for example because of an illness, an injury or poor eyesight, you can sign by mark. Someone else writes your name on the signature line with the words “his mark” or “her mark” beside it, and you make your mark there, usually an X. Without a notary, a deed signed this way needs two witnesses, and both must be able to write their own names. You also need those two witnesses if you are able to sign but ask someone else to write your name on the deed for you. Signing in front of a notary takes the place of those witnesses as well.

Bring photo identification. The notary must know who you are, either personally or from photo identification issued by a government.

If you are signing in another state, a notary there can take the acknowledgment. Alabama accepts an acknowledgment made in another U.S. state in that state's own form, as long as it carries the notary's official seal.

What the Notary's Certificate Says

Alabama law prints the wording the notary uses when an individual signs. Here it is with plain labels in place of the blanks. The notary fills this in, not you, but it helps to know what it should say before you leave.

Acknowledgment for an Individual

The State of [state]
[county] County

I, [notary's name and title], hereby certify that [signer's full name], whose name is signed to the foregoing conveyance, and who is known to me, acknowledged before me on this day that, being informed of the contents of the conveyance, [he or she] executed the same voluntarily on the day the same bears date.

Given under my hand this [day] day of [month], A.D. [year].
[notary's signature and title]

A few words about the certificate:

• It goes below your signature on the deed, and the notary signs it.
• On a homestead deed your spouse's acknowledgment uses the same form.
• "The foregoing conveyance" means the deed above it, and "A.D." simply marks the year.
• The statute's form says "he." The law asks only for substantially this wording, so the notary uses the word that fits the signer.

Signing Over Video

Alabama allows remote ink notarization. You appear before an Alabama notary over live two-way video, and the session is recorded and kept for seven years. You still sign a paper deed in ink, and the signed papers go to the notary, who completes the certificate.

Alabama does not offer fully electronic notarization. The law requires the notary's own signature in ink.

From October 1, 2026, a new law adds safeguards: you must be inside the United States when you sign, the notary must check identity more strictly, and the notary must refuse if you seem confused or pressured, or if the video image appears to be artificially generated.

Our Remote Online Notarization by State page compares the rules in every state.

Step 9: Show the Price or Value, and Record the Deed

When a deed is presented for recording, Alabama requires proof of the price paid or, if the property was not sold, proof of its actual value. The Department of Revenue's form for this is Form RT-1, the Real Estate Sales Validation Form. It asks for both sides' names and mailing addresses, the property address, the date, and the price or the value.

If the deed already shows all of that information, the form is not required, as the form itself says.

For a gift, give the property's actual value. An appraisal or the county assessor's current market value can show it.

Take or mail these to the probate office: the signed deed, Form RT-1 if you are using it, the recording fee and the deed tax. If you mail all the paperwork, be sure and include a way for the recorded deed to be sent to you.

Record the Deed Right Away

Once you sign the deed and hand it to the grantee, it is binding between the two of you, even before it is recorded. Until it is recorded, though, the public record still shows you as the owner.

That matters if a buyer, a lender or someone who wins a court judgment against you later relies on that record without knowing about the deed. Alabama law does not let an unrecorded deed count against that person, and the grantee could lose out. Recording the deed as soon as possible protects the grantee.

Starting October 1, 2026, a new Alabama law against deed fraud lets each county's probate judge offer a free alert service. Where your county has one, it tells you whenever a document is recorded in your name or at your address.

Where do I record an Alabama quitclaim deed?

Take or send the deed to the Judge of Probate in the county where the property is located. Alabama does not use a separate county recorder for deeds; the probate office maintains the county's land records.

Don't leave a signed deed sitting around unrecorded. Although it may still be effective between the people who signed it, recording protects the new owner's interest against a later buyer, lender or judgment creditor (someone who wins a court judgment against the grantor) who had no notice of the earlier transfer.

How do I find my Alabama property deed online?

Look in the county where the property is located. Alabama's deed records are maintained by the individual county probate offices, so there is no single statewide deed-search system.

The Alabama Secretary of State lists all 67 probate offices, along with their addresses and telephone numbers. Some counties provide online searches; others require you to contact the probate office.

If you only need a copy of your recorded deed, the probate office can provide one.

What is the difference between a quitclaim deed and a warranty deed in Alabama?

The difference is what the grantor promises about the title.

With a warranty deed, the grantor gives the grantee protection concerning the title. A quitclaim deed does not make those promises. It transfers whatever ownership interest the grantor has, if any.

In Alabama, the words used in the deed matter more than its heading. Traditional words such as grant, bargain or sell can carry title promises unless the deed says otherwise. That is why an Alabama quitclaim deed should say that the grantor quitclaims the property, rather than simply putting “Quitclaim Deed” at the top of a generic form.

Does my spouse have to sign an Alabama quitclaim deed?

If the property is your homestead and you are married, yes. Your spouse must sign and acknowledge the deed even if only your name appears on the title. The grantee — the person receiving the property — does not have to sign the deed.

That rule applies to the family home. A spouse does not automatically have to sign every deed simply because the grantor is married.

Does an Alabama quitclaim deed need witnesses?

A deed that is properly acknowledged before a notary does not need a separate witness. The acknowledgment satisfies Alabama's witness requirement.

If the deed is not notarized, the grantor's signature must be witnessed by someone who can sign their own name.

There is an additional rule when the grantor cannot write a signature and signs with a mark, such as an X. In that situation, an unacknowledged deed requires two witnesses who can write.

For most people, the simplest course is to sign and acknowledge the deed before a notary.

Will I owe deed tax if I give property to a family member in Alabama?

Usually. Alabama does not provide a general deed-tax exemption simply because property is being given to a relative.

For a gift, the tax is generally based on the property's actual value rather than on the zero dollars paid for it. Alabama's rate is 50 cents for each $500 of value.

That value is reported on the Real Estate Sales Validation Form, Form RT-1, and supported by an appraisal or the county assessor's market value. A nominal-value deed used only to correct an earlier deed is treated differently and does not owe the deed tax.

This is separate from federal tax questions. If you are giving property to a family member, our Transferring Property to Family guide explains what can happen to the recipient's tax basis and a later capital-gains calculation.

Does a quitclaim deed avoid probate in Alabama?

It can, but only by giving away the property while you are alive.

Once a properly delivered deed transfers the property, it belongs to the new owner and ordinarily will not be part of your probate estate. But that also means you have made a present transfer, not simply arranged who will receive the property after your death.

For that reason, using a quitclaim deed solely to avoid probate deserves careful thought.

If two people are going to own the property together and the intention is for the survivor to become the sole owner, the deed must create the appropriate survivorship rights. Alabama does not automatically give co-owners a right of survivorship.

Where do I get an Alabama quitclaim deed form?

Alabama does not provide an official blank quitclaim deed for homeowners to download. Instead, state law establishes what a recordable deed must contain.

That makes the form you start with important. A generic quitclaim deed from the Internet may omit information Alabama expects, including the grantor's marital status or the name and address of the person who prepared the deed. Missing required information can prevent the probate office from recording it.

If you would rather start with something prepared specifically for Alabama, see our Quitclaim Deed Help page.

Can I get an Alabama quitclaim deed notarized online?

Alabama allows remote ink notarization, but that is not the same as signing an electronic deed online.

You meet with an Alabama notary by live video, but you still sign the actual paper deed in ink. The signed document is then sent to the notary so the notarization can be completed.

Alabama notaries do not perform fully electronic remote notarization.

One upcoming change is important: beginning October 1, 2026, a person using Alabama's remote notarization procedure must be physically located within the United States during the video session.