How to Notarize a Quitclaim Deed
Quitclaim deeds transfer property ownership quickly but must be properly notarized to be valid. Here's exactly how the process works, step by step, and what can go wrong.
What Is a Quitclaim Deed?
A quitclaim deed transfers whatever ownership interest the grantor currently has in a property to the grantee — without any warranties or guarantees about the state of the title. Unlike a warranty deed, a quitclaim deed doesn't promise that the title is clear or that the grantor actually has full ownership. It simply transfers whatever interest exists.
Despite this limitation, quitclaim deeds are widely used for:
- Transferring property between family members (parent to child, between spouses)
- Adding or removing a spouse from a property title after marriage or divorce
- Transferring property into or out of a living trust
- Clearing title defects or resolving ownership disputes
- Correcting errors in a prior deed
- Transferring property between business entities
Does a Quitclaim Deed Need to Be Notarized?
Yes — in virtually every U.S. state. A quitclaim deed that isn't properly notarized cannot be recorded with the county, and an unrecorded deed creates significant legal problems.
The notarization confirms:
- The grantor is who they say they are (identity verification)
- The grantor signed the deed voluntarily and knowingly
- The signature is genuine
Most states require the grantor's signature to be notarized. Some states also require witnesses in addition to notarization.
State-Specific Requirements
Florida: Quitclaim deeds require two witnesses AND notarization. This is non-negotiable — both are required for recording.
California: One notary acknowledgment is required. No witnesses required.
Texas: Notarization required. No witnesses required for basic quitclaim deeds.
New York: Notarization required. The notary acknowledgment must be in the specific form prescribed by New York law for real property instruments.
Georgia: Two witnesses AND notarization. Similar to Florida, both are required.
Illinois: Two witnesses OR notarization (some counties require both).
Always check the specific requirements in the county where the property is located, as recording requirements can vary by county even within the same state.
Step-by-Step: How to Get a Quitclaim Deed Notarized
Step 1: Prepare the Deed
The quitclaim deed must be properly prepared before notarization. Essential elements include:
- Legal description of the property (from the current deed or county records)
- Grantor's full legal name and address
- Grantee's full legal name and address
- Consideration (even "$1 and other valuable consideration" is standard)
- Signature line for the grantor
- Notary acknowledgment block
You can use an attorney-drafted deed or a state-specific template, but the legal description must be exact. Using the wrong property description is a serious error.
Step 2: Arrange Witnesses (If Required)
If your state requires witnesses, identify two disinterested witnesses (people who aren't named in the deed and have no interest in the property) before your notarization appointment. Witnesses must be present when the grantor signs.
Step 3: Appear Before a Notary
The grantor must appear before a notary public — either in person or via remote online notarization in states where RON is authorized.
The notary will:
- Verify the grantor's identity (government-issued photo ID)
- Confirm the grantor is signing willingly and understands the document
- Watch the grantor sign the deed (or take an acknowledgment if already signed)
- Complete and sign the acknowledgment certificate
- Apply their official seal
Never sign a deed before appearing before the notary. The notary must either witness the signature or the grantor must personally acknowledge in front of the notary that the signature on the document is theirs.
Step 4: Record the Deed
After notarization, the deed must be recorded at the county recorder's office (also called the Register of Deeds or Clerk of Court in some states) where the property is located.
Recording requirements:
- Original notarized deed (some counties accept electronic)
- Recording fee (typically $15–$50 for first page, $5–$10 per additional page)
- Documentary stamp tax or transfer tax (varies by state)
- FIRPTA affidavit (for foreign sellers — required under federal law)
Until the deed is recorded, the transfer is not protected against subsequent claims from third parties. Record immediately after notarization.
Common Mistakes That Invalidate a Quitclaim Deed
1. Wrong Legal Description If the property description doesn't match the county's official records, the deed may be rejected for recording or create a cloud on the title.
2. Missing Witnesses In states requiring witnesses, a deed signed only with notarization (no witnesses) will be rejected at the recorder's office.
3. Signing Before the Notary If the grantor signs the deed before appearing before the notary, the notary cannot properly complete an "acknowledgment" without having witnessed the act. This is a common error.
4. Notary Conflict of Interest A notary who is also named in the deed (as grantor, grantee, or beneficiary) cannot notarize it.
5. Expired Notary Commission Always verify your notary's commission is current. A notarization performed by a notary with an expired commission is invalid.
6. Wrong Acknowledgment Form Some states, particularly New York, require specific statutory language in the acknowledgment. Using a generic acknowledgment form may cause the deed to be rejected.
Can a Quitclaim Deed Be Notarized Online?
Yes — in RON-authorized states, a quitclaim deed can be notarized via remote online notarization. The grantor signs electronically, and the notary applies their electronic seal.
Important: Confirm that the county recorder where you'll record the deed accepts electronically notarized documents. Most counties now do, but practices vary. Some counties still require the grantor's wet-ink signature on a physical deed.
Quitclaim Deed vs. Warranty Deed: Notarization Requirements
Both require notarization. The notarization process is identical — the difference is in the warranty the grantor makes about the title, not in how the document is executed.
Get Your Quitclaim Deed Notarized
Looking Glass Runners connects you with licensed notaries who understand real estate documents and the recording requirements in your state. We're available 24/7 for in-person or remote online notarization of quitclaim deeds.
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This article provides general information only. Real estate document requirements vary significantly by state and county. Consult a real estate attorney for advice specific to your transaction.
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