Quitclaim Deed by State

What a quitclaim deed is — and when you actually need one

A deed is the written instrument that moves ownership of real estate from one person (the grantor) to another (the grantee). Deeds differ mainly in what the grantor promises. A warranty deed guarantees that the grantor owns the property free of undisclosed claims and will defend the grantee’s title. A quitclaim deed promises nothing: it simply releases (“quits”) whatever interest the grantor happens to hold, which may be full ownership, a half share, or nothing at all. If a lien or a competing owner surfaces later, the grantee has no claim against the grantor.

That makes a quitclaim a poor fit for an arm’s-length sale, but the right tool when the parties already know the title and no money is changing hands. Common uses:

• Adding or removing a spouse after marriage, or transferring one spouse’s share under a divorce decree.
• Moving a home into a revocable living trust as part of an estate plan, or into an LLC that will hold a rental.
• Gifts between family members — a parent adding a child to title, or siblings consolidating an inherited house in one name.
• Clearing a cloud on title, for example when a former co-owner or an heir with a possible claim signs away any interest so the property can be sold with clean title.
• Fixing a prior deed that misspelled a name or misdescribed the parcel (often labeled a “corrective” deed).

If you are buying from someone you do not know, or a lender or title insurer is involved, ask for a warranty deed instead — most will not close on a quitclaim.

What a quitclaim deed must include

Recording offices reject deeds that are missing required elements, and a deed that omits an essential term can be void even if it was recorded. Every quitclaim deed generated on this site contains the following clauses; here is what each one does.

• Preparer and return-to information. Many states require the name and address of the person who prepared the deed and where the recorded original should be mailed. Without it, the clerk may refuse the document.
• Grantor’s full legal name and marital status. The name must match the name on the current deed of record exactly; if it has changed (marriage, divorce), the deed should say “formerly known as”. Marital status matters because a spouse who is not on title may still need to sign in community-property or homestead states.
• Grantee’s full legal name, address, and vesting. Vesting is how the grantee(s) take title — sole owner, joint tenants with right of survivorship, tenants in common, or as trustee of a named trust. This one line decides what happens when one owner dies.
• Consideration. What the grantor received in exchange. For gifts the deed typically recites a nominal sum such as “$10 and other good and valuable consideration” or states that the transfer is a gift. Many states use this figure to compute transfer tax, and several require a separate declaration of value.
• Granting (quitclaim) clause. The operative words — “quitclaims”, “releases and quitclaims”, or “remises, releases and forever quitclaims” — that make it a quitclaim rather than a warranty deed. This is the sentence that actually transfers the interest.
• Legal description of the property. Not the street address alone. Copy the lot-and-block, metes-and-bounds, or subdivision description word for word from the prior recorded deed, and include the parcel or tax ID number if your county uses one. An address-only deed is the most common reason a transfer fails.
• Signature, date, and notary acknowledgment. The grantor signs before a notary public, who completes an acknowledgment certificate confirming the signer’s identity and that the signature was voluntary. A handful of states also require subscribing witnesses (see the table below).

How to complete, sign, and record a quitclaim deed

1. Pull the current deed. Get a copy from the recording office (many counties have it online). You will copy the legal description and the grantor’s name from it.
2. Fill in the form for your state. Pick your state above; the generator applies that state’s formatting, notary block, and any witness lines. Type the legal description exactly as recorded.
3. Do not sign yet. The grantor must sign in front of the notary. Witnesses, where required, sign at the same time. Requirements vary by state — see the table below for how many witnesses, if any, your state requires.
4. Complete any companion forms. Many states require a transfer-tax declaration, a preliminary change-of-ownership report, or an affidavit of value to be filed with the deed. Your state page lists what applies.
5. Record the original. Take or mail the signed deed to the office listed for your state (usually a county recorder, register of deeds, or clerk; a few states record by town or statewide). Pay the recording fee and any transfer tax.
6. Keep the returned copy. The office will stamp the deed with a book/page or instrument number and return it. Give a copy to your lender, insurer, and — if the property is in a trust — the trustee.

Want a one-line answer for your state before you go to the notary? The notary & witness checker shows whether your deed needs witnesses besides the notary, quotes the acknowledgment rule, and links the statute.

Common mistakes

• Using the street address as the legal description. Recorders index by legal description; an address alone may be rejected or, worse, recorded but fail to transfer the right parcel.
• Assuming the deed changes the mortgage. It does not. The borrower stays liable, and many loans have a due-on-sale clause that lets the lender call the balance when title changes without consent.
• Skipping the spouse. In community-property and homestead states, a spouse who is not on title may still need to sign or the deed can be challenged later.
• Ignoring gift-tax reporting. A transfer for no consideration is a gift. Gifts above the annual exclusion generally must be reported on IRS Form 709, even if no tax is due. A quitclaim to a child also gives them the parent’s original cost basis rather than a stepped-up basis at death — a tax planner can tell you which is better.
• Getting the vesting wrong. “Joint tenants” and “tenants in common” produce opposite results when an owner dies. Choose deliberately.
• Not recording, or recording late. An unrecorded deed can be defeated by a later recorded deed or lien, and tax bills keep going to the former owner.
• Expecting title insurance to follow. The grantor’s owner’s policy generally does not transfer to the grantee under a quitclaim; check with the insurer.

Quitclaim Deed rules in all 50 states + DC

The table below is built from our statute-sourced dataset (2026) and links to each state’s full page, where every value carries its citation. Three patterns stand out. First, witnesses are the exception: 46 of 51 jurisdictions accept a notarized signature alone, while Connecticut, Florida, Louisiana, South Carolina require two subscribing witnesses in addition to the notary and Georgia requires one. Second, transfer tax is far from universal — 13 jurisdictions (Alaska, Arizona, Idaho, Indiana, Kansas, Mississippi, Missouri, Montana, New Mexico, North Dakota, Texas, Utah, Wyoming) charge none on a deed, and Louisiana, Oregon have no statewide tax (local taxes may apply). Everywhere else a documentary or transfer tax is collected at recording, often with exemptions for gifts, spouses, or trusts detailed on the state page.

Third, where you record varies more than people expect. Most states record with a county officer — recorder, register of deeds, or clerk — but Connecticut, Rhode Island, Vermont record by town rather than county, and Alaska, Hawaii use a single statewide office. Finally, 34 of 51 jurisdictions publish a statutory quitclaim form or statutory language in their code; using it (as our generator does) removes any argument about whether the wording is sufficient.

“Witnesses” counts subscribing witnesses required in addition to the notary. Transfer-tax rates are the base statutory rate; county and city surtaxes, exemptions, and who pays are on each state’s page.

Related documents and guides

• Deed witness requirements by state — the full study of which states require witnesses on a deed, with statute citations.
• Power of Attorney — if someone will sign the deed on the grantor’s behalf, they need a power of attorney that expressly covers real estate, and it usually must be recorded with the deed.
• Promissory Note — when a family transfer is partly financed by the grantor, put the repayment terms in writing.
• LLC Operating Agreement — set up the LLC’s ownership and management before deeding a rental property into it.
• Residential Lease Agreement — if the new owner will rent the property out.
• Bill of Sale — for personal property (vehicles, equipment, furnishings) transferred alongside the real estate; a deed covers land and fixtures only.

Frequently asked questions

This guide is general information, not legal advice. Deed requirements are set by state statute and local recording practice; confirm details on your state’s page and with the recording office before filing.