An Idaho quitclaim deed is used to transfer whatever ownership interest the grantor has in Idaho real estate to another person or grantee.
Good News About Idaho Transfers:
Idaho law specifically states the legislature's intent not to impose any real estate transfer tax or excise tax, and it bars every county and political subdivision from imposing one too. Recording a quitclaim deed with the County Recorder involves only the standard, flat recording fee, which is based on the number of pages rather than the property's value.
Idaho is also a community property state, so it's worth keeping that in mind if you're adding or removing a spouse from title.
Married Grantors: Check the Homestead Rule First
If the property is your homestead, Idaho requires both spouses to sign the deed, or the non-owner spouse must sign a separate waiver of homestead rights attached to the deed. This applies whether you're adding a spouse, removing one, or transferring the home to someone else entirely.
Can I Use a Quitclaim Deed in Idaho?
YES. Most people use a quitclaim deed when transferring property between family members, adding or removing a spouse, moving property into or out of a trust, handling inherited property, or correcting ownership information. In these situations, a quitclaim deed is often a simple and effective way to transfer property.
A quitclaim deed transfers whatever ownership interest the current owner has in the property. It does not guarantee that the title is free of liens or other ownership claims, so it is generally best suited to transfers where everyone already understands the property's ownership history.
Idaho has a few state-specific rules worth understanding before you prepare the deed — no transfer tax, a homestead spousal-signature requirement, and a residential disclosure form that applies to some transfers. The guide below walks you through the process one step at a time.
🛟 Need a little extra help? If you would rather not prepare the deed entirely on your own, visit the Need Help With a Quitclaim Deed? section later on this page for trusted resources that can help you complete the process with confidence.
What You Need Before Filling Out the Deed
- Current deed or property record
- Grantor's full legal name, marital status, and mailing address
- Grantee's full legal name and complete mailing address
- Legal description of the property
- Idaho county where the property is located
- The name and address of whoever prepared the deed
- Return mailing address after recording
- Your spouse's signature, or a homestead waiver, if the property is your homestead
- An Idaho Residential Property Disclosure Statement, unless your transfer is exempt
- Recording fees
How to Fill Out an Idaho Quitclaim Deed
Step 1: Identify the Correct County Recorder
Idaho deeds are recorded with the County Recorder in the county where the real property is located. In some counties, this function is handled by the Clerk of the District Court, who also serves as recorder.
Step 2: Enter the Preparer and Return Address
Include the name and address of whoever prepared the deed, and the mailing address where the recorded deed should be returned.
Step 3: Enter the Grantor Information
The grantor is the current owner transferring their interest in the property. Use the grantor's full legal name and marital status — Idaho generally expects the deed to also note the property's homestead status.
Step 4: Enter the Grantee Information
The grantee is the person receiving the property interest. Idaho requires the grantee's name and complete mailing address to appear on the deed — a deed that leaves this out doesn't meet Idaho's basic content requirement for a valid conveyance.
Step 5: Add the Legal Description
Use the legal description from the current deed or official county property records, including section, township, and range details if that's how the property was originally described. Do not rely only on the street address.
Avoid using the word "grant" in the conveying language, since Idaho law attaches certain covenants to that specific word. Use "quitclaim, convey, and release" instead, consistent with how a quitclaim deed is meant to work.
Step 6: Check Whether Your Spouse Needs to Sign
If the property is your homestead, Idaho requires both spouses to sign the deed. Alternatively, the non-owner spouse can sign a separate spousal waiver of homestead rights, attached to the deed at the time of filing.
Step 7: Sign and Notarize the Deed
The grantor must sign the deed, and the signature must be acknowledged before a notary public or another authorized officer before the deed can be accepted for recording.
Idaho allows Remote Online Notarization (RON), which lets you meet with a notary by secure live video instead of traveling to an office. Confirm your county recorder will accept a remotely notarized deed before relying on it — more on our Remote Online Notarization by State page.
Step 8: Check Whether a Disclosure Statement Applies
Idaho generally requires a Residential Property Disclosure Statement to accompany a deed transferring residential real estate. Many quitclaim deed situations are exempt, including transfers between co-owners, transfers to a spouse or lineal descendant, transfers between spouses due to divorce or separation, transfers to someone who has already lived in the property for at least a year, and transfers from a nonresident owner who inherited the property.
Step 9: Record the Deed
Submit the signed and notarized deed, along with any required disclosure statement and the recording fee, to the County Recorder in the county where the property is located.
Idaho charges a flat, page-based recording fee rather than one tied to the property's value, commonly around $10 for the first page and a few dollars for each additional page, though it's worth confirming current fees with your specific county.
Does Idaho Have Transfer Tax?
No. Idaho law is unusually direct about this: it states the legislature's specific intent not to impose any real estate transfer tax or excise tax, and it prohibits counties and other political subdivisions from creating one of their own. There's no tax stamp, transfer declaration, or value statement to file with an Idaho quitclaim deed.
The only cost tied to recording is the flat, page-based recording fee. Separately, federal gift tax rules can still apply to a large gift, and a later sale could trigger capital gains tax, but neither of those is a state transfer tax.
Idaho Signing and Recording Notes
- Idaho deeds are recorded with the County Recorder in the county where the property is located.
- The grantor's signature must be acknowledged before a notary or other authorized officer.
- If the property is a homestead, both spouses must sign, or one must sign a waiver.
- Idaho has no real estate transfer tax of any kind.
- The grantee's name and complete mailing address are required on the deed.
- Avoid the word "grant" in the conveying language; use quitclaim wording instead.
- A Residential Property Disclosure Statement is often required, with common exemptions for family transfers.
- County recording offices may have their own formatting and fee requirements.
Official Idaho Sources
Common Idaho Quitclaim Deed Mistakes
- Using only the street address instead of the legal description
- Misspelling the grantor or grantee name
- Leaving out the grantee mailing address
- Forgetting a spouse's signature or waiver on homestead property
- Failing to properly notarize the deed
- Using "grant" language that implies covenants a quitclaim deed doesn't provide
- Skipping the Residential Property Disclosure Statement when it actually applies
- Recording in the wrong Idaho county
- Assuming a quitclaim deed changes responsibility for a mortgage
Idaho Quitclaim Deed FAQ
Where do I record an Idaho quitclaim deed?
Record the deed with the County Recorder in the Idaho county where the property is located.
Does Idaho charge a real estate transfer tax?
No. Idaho law specifically bars the state and every county from imposing any real estate transfer tax or excise tax, so recording a quitclaim deed involves only the flat recording fee.
Does an Idaho quitclaim deed need to be notarized?
Yes. The grantor's signature must be acknowledged before a notary public or other authorized officer before the deed can be recorded.
Do I need my spouse's signature on the deed?
If the property is your homestead, Idaho requires both spouses to sign, or one spouse must sign a spousal waiver of homestead rights attached to the deed.
Can I use only the property street address?
No. A complete legal description from the current deed or county property records is needed instead of relying only on the street address.
Is this legal advice?
No. This page is general educational information. For legal advice about your specific situation, consult a qualified professional.