What Is a Quitclaim Deed and How Does It Differ From a Warranty Deed?

A quitclaim deed transfers property ownership quickly but offers no buyer protections, unlike a warranty deed that ensures a clear title. Often used among trusted parties, quitclaim deeds help with estate planning, divorce settlements, and correcting title errors without verifying property liens or claims.

By Brad Nakase, Attorney

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Table of Contents

1. What is the definition of a quitclaim deed?

2. How is a quitclaim deed executed?

3. Where and when is a quitclaim deed necessary?

4. What are some good things about a quit claim deed?

5. What are some bad things about a quitclaim deed?

6. Common questions about quitclaim deeds

7. Quit claim deeds in estate planning

What is the definition of a quitclaim deed?

You can change ownership or transfer property using a few different methods. A quitclaim deed is one tool that can facilitate the speedy transfer of property ownership for homeowners. You or a loved one may find this information helpful in a variety of ways, including as part of an estate planning strategy.

There are a number of contexts in which quitclaim deeds are useful, although they are also frequently misunderstood. Although they are among the most expedited ways to transfer property ownership, there are certain considerations that must be taken into account beforehand. Read on to get an in-depth grasp of quitclaim deeds and their applications.

It is possible to transfer ownership of real estate or land from one person to another through the use of a quitclaim deed, a kind of legal document. Due to the accelerated nature of the transactions, these deeds are often called “quick claim” deeds. A quitclaim deed transfers ownership of the property “as is,” eliminating the requirement for a title search and title insurance.

How is a quitclaim deed executed?

A quitclaim deed is a legal document that enables one property owner to formally transfer ownership of their property to another party. The final step involves creating a quitclaim deed form, which should contain the names of the parties exchanging the title, the date of the transfer, and a description of the property. After that, the first owner (the grantee) of the property can transfer ownership to the second owner (the grantor) by signing a deed.

A notary public is required to notarize quitclaim deeds, and a witness may be required in certain states. After that, you need to submit the deed to the county clerk so that the ownership change can be recorded publicly. This is the general procedure for a quitclaim deed, though it might differ slightly from one state to the next.

Where and when is a quitclaim deed necessary?

Transferring property from one spouse or family member to another is the most typical use of quitclaim deeds, though they have many other potential applications. One spouse may formally transfer ownership of the home to the other after a divorce by signing a quitclaim deed.

Quitclaim deeds are a tool in the estate planner’s toolbox for transferring property into a living trust. Although quitclaim deeds do not affect current mortgages, it is frequently necessary to obtain the Trustee’s approval before transferring real estate into a trust.

If any errors were made during the original transaction, quitclaim deeds can also be utilized to swiftly reissue a real estate title. A quitclaim deed is a common tool for fixing common title issues, such as misspelled names or missing signatures.

What are some good things about a quit claim deed?

Efficient Method for Transferring Titles: Without the assistance of a real estate agent or lawyer, a quitclaim deed can swiftly transfer ownership of a property from one family member to another.
Gift Tax Advantages: For tax purposes, quitclaim transfers are often treated as gifts. This means that family members don’t have to pay the taxes that come with a normal real estate sale.
Simple to Use: Most of the time, all that is needed to legalize the document is the signature of a witness and a notary public, and the involved forms are quite straightforward.
No Liens for the New Owner: Mortgages and tax liens cannot be transferred through quitclaim deeds. In other words, the prior owner is still liable for any outstanding balances on the property.
Avoiding Probate: Real estate can sidestep the probate process when transferred prior to the original owner’s death using a quitclaim deed. This occurs frequently when a person is dealing with a terminal illness or other serious health issue.

What are some bad things about a quitclaim deed?

In contrast to warranty deeds, quitclaim deeds do not provide any safeguards to the buyer in the event of a transaction. It is impossible to know for sure if the land is completely unencumbered by any easements or restrictions. There are instances where the grantor might be concealing additional information. Unless the deed was fraudulent, the buyer has limited recourse in such cases.

The onus of due diligence is on the new owner, who may wish to avoid complications by conducting a title search prior to signing the quitclaim deed. Before signing the new deed, the grantee should check the property records to make sure everything is accurate.

This is why quitclaim deeds should only be used when transferring property between close relatives or trusted friends. Most real estate transactions do not involve a quitclaim deed because the previous owner has not necessarily disclosed all material facts regarding the property.

Common questions about quitclaim deeds

Because they allow for a speedy transfer of property, quitclaim deeds are a popular instrument in estate planning. Find out the answers to some more frequently asked questions about quitclaim deeds below.

1. Is a quitclaim deed a way to avoid probate?

By transferring ownership of property while the grantee is still alive, a quitclaim deed is able to circumvent probate. Thus, the grantee’s Estate Plan does not take effect until after the deed has transferred ownership.

2. For how long is a quitclaim deed valid?

Since a quitclaim deed transfers ownership irrevocably, it does not expire. However, in order to officially transfer ownership, the new deed needs to be submitted to the county clerk’s office. Not recording the new deed might lead to problems with the law and the bank.

You are not required to submit the new deed by a certain date, but it is usually wise to do so right after the transfer. Problems with the mortgage transfer could arise in the absence of a formal public record. The official deed on file is the only way to settle any disputes that may arise if another family member claims the property.

3. Must a notary public sign a quitclaim deed?

Notarization is required prior to filing a quitclaim deed with the county clerk. A witness’s signature might be necessary as well, though this varies by state.

4. Does a quitclaim deed count as an inheritance?

In the eyes of the law, a quitclaim deed does not constitute an inheritance. The law instead treats the transfer of property as a gift. The reason behind this is that, instead of transferring ownership through a Last Will and Testament, the property owner signs the deed while they are still alive.

A quitclaim deed owner may be able to pass their property on to their heirs in certain situations. The property would be technically an inheritance in these situations. Until another claim to ownership emerged on the property, the initial quitclaim deed would have no significance from a legal standpoint.

5. How do quitclaim deeds affect taxes?

The federal gift tax regulations provide the most concise summary of the tax consequences of a quitclaim deed. It is a gift from the grantor to the grantee since no monetary exchange takes place during the transfer. The grantor would be held responsible for any gift tax implications, and their lifetime gift tax exemption would be affected by the value of the home.

At the end of the fiscal year in which the quitclaim deed is executed, the transfer should be noted by the grantor on their tax returns. Even though there is a lifetime exemption of about $11.5 million, the gift tax limit per recipient is $15,000 for property.

While dealing with quitclaim deeds, it is important to keep in mind a few things regarding tax liens and property taxes. Prior to the official transfer of title, the grantor must settle any outstanding taxes or liens on the property. The grantee would subsequently be liable for property taxes upon the successful filing of the quitclaim deed.

6. How are warranty deeds different from quitclaim deeds?

Another, more typical method of transferring real estate title is through a warranty deed. It’s standard practice in buying and selling because it safeguards the interests of both parties. Compared to a quitclaim title transfer, this one is more formal and takes more time. To safeguard the buyer from potential liens or title problems, warranty deeds include monetary compensation and legal provisions. Upon purchasing your primary home, you are likely to use a warranty deed. Not that quitclaim deeds aren’t useful or common; they just have a few different applications.

For a quick and easy transfer of property between two reliable parties, quitclaim deeds are a common choice. If you’re thinking about acquiring a home through a quitclaim transaction, you should know that you’re getting the title “as is.” This is why this type of deal doesn’t happen as often as a warranty deed in a normal sale and purchase agreement.

Quit claim deeds in estate planning

For various reasons, quitclaim deeds can be a valuable asset in estate planning. You can use these documents to supplement the asset in a trust and to keep properties out of probate. With the right intentions, quitclaim deeds can be a practical and economical way for families to transfer ownership of property.

Quitclaim deeds may be quick and easy, but they are still legal documents subject to rules and regulations. Transferring land or property via a quitclaim deed also has the potential to bring about a number of tax consequences.

One of the many legal tools at one’s disposal, a quitclaim deed can be used to pass property on to a beneficiary. This legal instrument can be utilized to finance a trust, convey assets to a loved one, or assist the resolution of a divorce.

Have a quick question? We answered nearly 2000 FAQs.

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What Is a Quitclaim Deed and How Does It Differ From a Warranty Deed?

What is the definition of a quitclaim deed?

How is a quitclaim deed executed?

Where and when is a quitclaim deed necessary?

What are some good things about a quit claim deed?

What are some bad things about a quitclaim deed?

Common questions about quitclaim deeds

Quit claim deeds in estate planning

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