How to Fill Out a Quitclaim Deed: Complete Step-by-Step Guide
AI Digest: A quitclaim deed transfers whatever property interest the grantor holds to the grantee — no title warranties included. Fill in the grantor and grantee names exactly as they appear on the current title, provide the complete legal property description from your existing deed, state the consideration, sign before a notary (and witnesses where required), then record the deed with the county recorder’s office.
Quitclaim deeds are one of the most commonly used real estate documents for transfers within families, between divorcing spouses, to and from trusts, and for clearing title defects. They’re straightforward in purpose — transferring whatever interest the grantor has, without guaranteeing that the title is clear — but the details matter. A single error in the property description, grantor name, or notarization process can create title problems that take months and thousands of dollars to untangle. This guide covers every field you need to complete correctly, the state-specific requirements you can’t skip, and the most common mistakes to avoid.
To get started with a state-specific form, US Legal Forms offers attorney-drafted quitclaim deed forms for all 50 states — formatted to meet each state’s recording requirements.
What Is a Quitclaim Deed?
A quitclaim deed transfers the grantor’s current ownership interest in a property to the grantee — no more, no less. Unlike a warranty deed, a quitclaim deed makes no promises about the quality or clarity of that title. If the grantor holds a clouded or partial interest, the grantee receives exactly that clouded or partial interest. If the grantor owns the property free and clear, so does the grantee after the transfer.
This makes quitclaim deeds ideal for situations where the parties know and trust each other and title quality is already established — or specifically irrelevant. The comparison below shows where quitclaim deeds fit relative to other deed types:
| Deed Type | What It Guarantees | Common Use |
|---|---|---|
| Quitclaim deed | Transfers only the interest the grantor currently holds; no title warranties | Family transfers, divorce property division, trust funding, clearing title defects |
| Warranty deed | Transfers title with full guarantee of clear ownership and no encumbrances | Traditional home sales between unrelated parties |
| Special warranty deed | Guarantees title only against claims arising during the grantor’s ownership | Commercial real estate, estate sales, bank-owned properties |
| Grant deed | Implies grantor has not already sold the property to someone else | Common in California; intermediate protection between quitclaim and warranty |
When Is a Quitclaim Deed Used?
Quitclaim deeds are the right tool in specific circumstances. Using one outside these contexts — for example, as a substitute for a warranty deed in a standard home sale — leaves the buyer unprotected against title claims.
- Family transfers: Adding a spouse to title after marriage, removing a family member’s name, or gifting property to children or siblings.
- Divorce property division: One spouse quitclaims their interest to the other as part of a divorce settlement, transferring full ownership to the remaining spouse.
- Funding a revocable living trust: Property owners transfer real estate into their own trust for estate planning purposes. Because the grantor and grantee are effectively the same person (you and your trust), a quitclaim deed is appropriate.
- Clearing a title defect: If a title search reveals a former owner’s name that shouldn’t be on the chain of title, that person can quitclaim any remaining interest — resolving the cloud.
- Business entity transfers: Moving property from an individual to an LLC or corporation they own, typically for liability protection or estate planning purposes.
⚠️ Important: Do not use a quitclaim deed for a conventional home sale to an unrelated buyer. The buyer deserves a warranty deed guaranteeing clear title. Mortgage lenders will not accept a quitclaim deed as the transfer instrument in an arms-length sale.
Step 1: Obtain the Correct Form for Your State
Quitclaim deed forms are not one-size-fits-all. Each state has specific formatting, required language, and recording requirements. In California, the deed must reference Civil Code § 1169. In Florida, two witnesses and a notary are required. In Texas, only a notary is needed but the legal description must conform to specific standards. Start with a state-specific form that already contains the required statutory language, recording header blocks, and signature/notary sections. US Legal Forms provides state-specific quitclaim deed templates prepared by attorneys licensed in each state.
Step 2: Identify the Grantor and Grantee Correctly
This is where many people make the first critical mistake. Every name on the deed must appear exactly as it appears in official records.
Grantor (the person transferring the property)
The grantor’s name must match the name on the existing deed exactly — including middle name or initial, suffixes (Jr., Sr., III), and any alternate names under which title is held. If title shows “Mary Elizabeth Johnson,” writing “Mary Johnson” creates a gap in the chain of title.
If you need to confirm how your name appears on your current deed, check the county recorder’s office or assessor’s office records online. Most counties offer free deed searches by address or owner name.
Grantee (the person receiving the property)
Use the grantee’s full legal name as it should appear on the new deed. If the property is going to multiple people, specify whether they’ll hold title as joint tenants (with right of survivorship) or tenants in common (with divisible shares). Getting this wrong determines inheritance rights — not a minor issue.
If the grantee is a trust, the correct format is: “John Smith and Mary Smith, Trustees of the Smith Family Trust dated January 1, 2020.”
Step 3: Complete the Consideration Line
The consideration is the value exchanged for the property. Most quitclaim deeds in family or estate contexts state a nominal consideration — often “$10.00 and other good and valuable consideration” — even when no money changes hands. This language satisfies legal requirements without creating a taxable event in most states.
When property is transferred for no consideration at all (a pure gift), the IRS requires the grantor to report the transfer if its fair market value exceeds the annual gift tax exclusion ($18,000 per recipient in 2024). For large transfers, consult IRS guidance on gift taxes and consider whether IRS Form 709 is required.
Step 4: Write the Legal Property Description
This is the single most technically demanding part of the form — and the most important to get right. A street address alone is not a legal description and will not be accepted by most county recorders.
The legal description identifies the exact parcel of land being transferred. It typically appears in one of these forms:
- Lot and block: Used in subdivisions. Example: “Lot 14, Block 7, Sunrise Estates Subdivision, as recorded in Plat Book 12, Page 34, County Recorder’s Office, Orange County, Florida.”
- Metes and bounds: Describes the property boundaries using distances and compass directions. Used for rural or irregular parcels.
- Township and range: Used primarily in western states under the Public Land Survey System. Example: “Section 12, Township 4 North, Range 3 East, Willamette Meridian.”
Copy the legal description word-for-word from your existing deed or title report. Do not paraphrase, abbreviate, or modernize it. Any variation could create a title defect.
If you don’t have your existing deed, retrieve it from the county recorder’s office — most offer online document search portals. Many counties provide copies for $1–$5 per page.
✅ Pro tip: Copy and paste the legal description directly from a digital version of your existing deed whenever possible. Transcription errors in legal descriptions are the most common source of title defects in quitclaim deeds.
Step 5: Include the Assessor’s Parcel Number (APN)
Most state deed forms include a field for the Assessor’s Parcel Number (APN) — the number the county tax assessor uses to identify the property. While it’s technically supplemental to the legal description, many county recorders now require it for recording. Find the APN on your property tax bill, your existing deed, or the county assessor’s online database.
Step 6: Sign the Deed Before a Notary
Only the grantor needs to sign a quitclaim deed — the grantee does not sign. However, the grantor’s signature must be acknowledged before a notary public, and some states require one or two witnesses in addition to the notary. Requirements vary by state:
| State | Requirements | Key Statute |
|---|---|---|
| California | Notary required; no witnesses required | Cal. Civ. Code § 1169 |
| Florida | Notary + 2 witnesses required | Fla. Stat. § 695.01 |
| Texas | Notary required; no witnesses required | Tex. Prop. Code § 12.001 |
| New York | Notary + 2 witnesses required | N.Y. Real Prop. Law § 291 |
| Illinois | Notary + 2 witnesses required | 765 ILCS 5/1 |
| Georgia | Notary + 2 witnesses required | O.C.G.A. § 44-2-14 |
| Arizona | Notary required; no witnesses required | A.R.S. § 33-401 |
| Colorado | Notary required; no witnesses required | C.R.S. § 38-35-109 |
| Ohio | Notary required; no witnesses required | Ohio Rev. Code § 5301.01 |
| Pennsylvania | Notary required; no witnesses required | 21 P.S. § 42 |
The notary will verify the grantor’s identity (government-issued ID is standard), watch the grantor sign or acknowledge a previous signature, and affix their notary seal. The notary does not verify the content of the deed or confirm that the transfer is in anyone’s best interest.
⚠️ Important: Never sign the deed before appearing before the notary. The notary must witness your signature or have you acknowledge that you previously signed — a pre-signed deed may not be acknowledged.
Step 7: Prepare the Preliminary Change of Ownership Report (Where Required)
California requires a Preliminary Change of Ownership Report (PCOR) to be filed with the deed in most counties. This form notifies the county assessor of the transfer and determines whether the property will be reassessed for property tax purposes. Many family transfers — parent to child, spouse to spouse — qualify for reassessment exclusions under Proposition 19. Check California’s Board of Equalization resources for current exclusion rules.
Other states have their own transfer disclosure requirements. Check your county recorder’s office website for any forms required alongside the deed itself.
Step 8: Record the Deed With the County Recorder’s Office
A signed and notarized deed is valid between the parties, but it is not effective against third parties — including future buyers, creditors, or lien holders — until it is recorded. Recording is what puts the world on legal notice that the transfer occurred.
To record a quitclaim deed:
- Take the original signed and notarized deed to the county recorder’s (or register of deeds’) office in the county where the property is located.
- Pay the recording fee — typically $15 to $30 for the first page, plus $3 to $10 per additional page. Some counties allow mail-in recording.
- In many states, also pay the documentary transfer tax (real estate excise tax). The rate varies by state and county; many family transfers are exempt. Attach the appropriate exemption affidavit if applicable.
- Receive a stamped copy with the recorded document number — this is your evidence of recording. Keep it with your other property records.
Recording fees and transfer tax information are available through your local county government website. Search for “county recorder” or “register of deeds” plus your county name.
Common Mistakes When Filling Out a Quitclaim Deed
The table below covers the errors that most frequently create problems — and what happens when they occur:
| Mistake | Example | Consequence |
|---|---|---|
| Vague property description | Grantor wrote “my house at 123 Main St” instead of the full legal description from the deed | Title company may reject the deed; cloud on title |
| Missing consideration | Left the consideration line blank or wrote $0 without “and other valuable consideration” | Some counties require a stated consideration; $10 or “love and affection” is standard |
| Wrong grantor name | Signed as “Bob Smith” when title is held as “Robert James Smith” | Deed may not be accepted; creates chain of title gap |
| Skipped notarization | Both parties signed but forgot to get the document notarized | Deed will be rejected by the county recorder — invalid |
| Never recorded | Deed was signed and notarized but not filed with the county | Deed may not be enforceable against third parties; creates future title problems |
| Transfer to a deceased person | Named grantee died before the deed was recorded | Deed is void; property passes through the grantor’s estate instead |
Quitclaim Deed and Taxes
Transferring real property via quitclaim deed can trigger federal gift tax, state transfer tax, or property tax reassessment — depending on the circumstances. The key rules to know:
- Gift tax: If no money changes hands and the fair market value of the transferred interest exceeds the annual gift tax exclusion ($18,000 per recipient in 2024), the grantor must file IRS Form 709. No tax is typically owed until cumulative lifetime gifts exceed $13.61 million (2024 exemption), but the filing is required.
- Property tax reassessment: Many states reassess property value for tax purposes when ownership changes. California’s Proposition 19, effective 2021, significantly limited the parent-child reassessment exclusion. Check your state’s rules before transferring.
- Capital gains: If you receive property via quitclaim deed and later sell it, the tax basis carries over from the grantor. This can create significant capital gains exposure on appreciated property — consult a tax professional before structuring a transfer.
- Documentary transfer tax: Many counties and states impose a transfer tax on quitclaim deeds in proportion to the property’s value or the consideration stated. Family transfers and trust transfers are often exempt — check your county recorder’s requirements.
Frequently Asked Questions
Can I fill out a quitclaim deed myself?
Yes — quitclaim deeds are relatively simple documents if you use a properly formatted state-specific template. The most important elements to get right are the legal property description (copy it exactly from your existing deed) and the notarization. US Legal Forms offers attorney-drafted quitclaim deed forms for every state that include all required statutory language and recording headers.
Does a quitclaim deed remove me from the mortgage?
No. A quitclaim deed transfers title, not debt. If your name is on the mortgage, you remain liable for that loan regardless of who holds title. The only way to remove yourself from a mortgage is to refinance the loan in the other owner’s name, or to pay it off. This is a critical distinction in divorce situations — a quitclaim from a divorcing spouse does not protect you if the remaining spouse stops paying.
How long does it take to record a quitclaim deed?
Most county recorders process deeds within 1–10 business days if delivered in person, or 2–4 weeks by mail. Some counties offer same-day recording for walk-in submissions. The document is legally effective against third parties as of the date it is accepted for recording — not the date it is returned to you.
Can a quitclaim deed be reversed?
Generally no — a completed and recorded quitclaim deed is a permanent transfer. If the grantor wants to take the property back, the grantee must execute a new deed transferring title back. Courts can void a quitclaim deed in limited circumstances: fraud, duress, lack of mental capacity, or failure to deliver the deed to the grantee.
Do I need a real estate attorney for a quitclaim deed?
Not always — but certain situations warrant it. If the transfer involves a divorce settlement, a large estate, multiple owners, or a clouded title, a real estate attorney can spot issues that a standard form won’t address. For straightforward family transfers where title is already clear, a properly completed attorney-drafted template with notarization and recording is generally sufficient.
The Bottom Line
Filling out a quitclaim deed correctly requires attention to five things above all: the grantor’s name as it appears on the existing title, the exact legal property description copied from the current deed, the correct notarization (and witnesses, where required), any required supplemental forms for your state, and recording with the county recorder’s office. Skip or rush any of these steps and you risk creating a title defect that can take years to resolve.
US Legal Forms offers state-specific quitclaim deed forms prepared by licensed real estate attorneys — correctly formatted for your state’s recording requirements and ready to complete, sign, and file. Browse the full property deed library for warranty, special warranty, and grant deeds as well.
