Georgia Quitclaim Deed
Transfer your interest in a Georgia property — between family, into a trust or LLC, or after a divorce — and download a print-ready PDF with Georgia’s signing rules built in. Free, no signup.
Maintained by Rapi Stack · Every state-specific figure on this page is cited to its statute or official agency page · Dataset last verified 2026 · Not legal advice.
Georgia deed rules · as of 2026
- Witnesses (besides notary)
- 1 required
- Where to record
- Clerk of Superior Court (county)
- Transfer tax
- Yes — see below
Source: O.C.G.A. § 44-5-30 · verify ↗. A deed moves real property — have someone qualified review it before you sign, and record it promptly.
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Georgia signing & recording
Yes — Georgia requires 1 witness in addition to notarization (O.C.G.A. § 44-5-30 — a deed must be an original, in writing, signed by the maker, 'attested by an officer as provided in Code Section 44-2-15' (judge, magistrate, notary public, or clerk/deputy clerk of superior court) 'and attested by one other witness' — i.e., 1 unofficial witness in addition to the official witness (notary), as of 2026). Our template includes the witness signature lines. Getting this wrong is one of the most common reasons a deed is rejected for recording. Record the signed deed with the Clerk of Superior Court (county). Transfer tax: Real Estate Transfer Tax, O.C.G.A. § 48-6-1: $1.00 for the first $1,000 of consideration + $0.10 per additional $100, imposed only when consideration exceeds $100; deeds of gift, no-consideration fiduciary transfers, divorce transfers, and co-tenant divisions are exempt (§ 48-6-2); a PT-61 e-filing accompanies every deed Check the current Georgia deed rules before recording.
Married? If the property is (or may be) your homestead, your spouse may need to sign the deed even if they are not on title — several states require it, and a deed missing that signature can be rejected for recording or invalid. Use the “Co-grantor / spouse” field above to add their signature line, and check your state’s rule before recording.
Existing mortgage? Transferring mortgaged property can trigger the loan’s “due-on-sale” clause. Federal law (12 U.S.C. §1701j-3(d), the Garn–St Germain Act) bars lenders from enforcing it for several transfers of residential property with fewer than five dwelling units — including a transfer to the borrower’s spouse or children, a transfer resulting from a divorce decree, and a transfer into an inter vivos (living) trust in which the borrower is and remains a beneficiary. The loan itself stays in place either way — nobody is released until it is refinanced. Read the statute ↗
Frequently asked questions
Does Georgia require witnesses on a quitclaim deed?
Yes — Georgia requires 1 witness in addition to notarization (O.C.G.A. § 44-5-30 — a deed must be an original, in writing, signed by the maker, 'attested by an officer as provided in Code Section 44-2-15' (judge, magistrate, notary public, or clerk/deputy clerk of superior court) 'and attested by one other witness' — i.e., 1 unofficial witness in addition to the official witness (notary), as of 2026). Our template includes the witness signature lines. Getting this wrong is one of the most common reasons a deed is rejected for recording.
Where do I record the deed in Georgia?
With the Clerk of Superior Court (county) where the property is located. Recording is what makes the transfer visible to the world — an unrecorded deed can be valid between the parties but lose to a later buyer or lender who records first. Take the original signed deed, pay the recording fee, and keep the returned stamped copy.
Is there a transfer tax in Georgia?
Real Estate Transfer Tax, O.C.G.A. § 48-6-1: $1.00 for the first $1,000 of consideration + $0.10 per additional $100, imposed only when consideration exceeds $100; deeds of gift, no-consideration fiduciary transfers, divorce transfers, and co-tenant divisions are exempt (§ 48-6-2); a PT-61 e-filing accompanies every deed Check the current rate and exemptions before recording — the recorder will not accept the deed without the required tax forms or stamps.
How does Georgia compare? See the deed witness requirements in all 50 states, every rule cited to statute.
How Georgia compares
Computed from our 51-jurisdiction dataset (as of 2026). Source for Georgia: O.C.G.A. § 44-5-30 ↗.
- Georgia is one of 38 of 51 jurisdictions that charge a transfer or documentary tax when a deed is recorded (13 charge no state transfer tax on deeds).
- Witnesses required (beyond the notary)
Witnesses required (beyond the notary): 1 — about Infinity× the national median of 0 across the 51 states with a statutory rule.
Ranked #5 of 51 states — higher means more witnesses at signing.
No other state uses exactly this figure.
Witnesses required (beyond the notary) in neighboring states — Alabama (0), Florida (2), North Carolina (0), South Carolina (2), Tennessee (0).
The rest of what Georgia requires
The figures below are Georgia's, not national averages — each one is the value we verified for this state, with the statute it comes from. Follow a row to the full Georgia page for that document.
- Security deposit cap · as of 2026
- No statutory limit Ga. Code §44-7-34 ↗
- Deposit return deadline · as of 2026
- 30 days after move-out Ga. Code §44-7-34 ↗
- Notice to end a month-to-month tenancy · as of 2026
- 30 days Ga. Code §44-7-34 ↗
- Notice for unpaid rent · as of 2026
- 3 days to pay or quit O.C.G.A. § 44-7-50 (HB 404, eff. 7/1/2024); § 44-7-7 ↗
- Small claims limit · as of 2026
- $15,000 O.C.G.A. §15-10-2(5) ↗
- Where you file · as of 2026
- Magistrate Court (Georgia's small claims court - there is no separately named small claims division) · filing fee Varies by county, roughly $50-$110 all-in (e.g. DeKalb County: $104 filing + $35 service per defendant); fees are set under O.C.G.A. §15-10-80 O.C.G.A. §15-10-2(5) ↗
- Rental application fee · as of July 2026
- No statutory limit Georgia Code ↗
- Bill of sale notarization · as of 2026
- Not required Georgia DOR (Form T-7) / DMV.ORG ↗
- Power of attorney signing · as of 2026
- Notarization required · 1 witness Ga. Code §10-6B-5 (form §10-6B-70) ↗
- LLC operating agreement · as of 2026
- Not required by statute, but it controls over the default rules O.C.G.A. § 14-11-101(18) ↗
Quitclaim deed in other states
More Georgia legal forms
Different state? See quitclaim deeds by state →