What Is an Alabama Quitclaim Deed?
An Alabama quitclaim deed conveys property ownership without making any promises about the title’s condition. It’s recommended to use it when it’s already known that the grantor has full ownership and no liens. Parties may use it during divorces, transfers between family members, or minor corrections to a deed (like a name misspelling).
A quitclaim deed in Alabama is valid indefinitely, provided the parties execute it properly. It may be overturned if it was signed under duress or if fraud was involved.
What to Include in an Alabama Quitclaim Deed
When writing a quitclaim deed in Alabama, it’s essential to include these key elements:
- The grantor’s name and address
- The grantor’s marital status (per AL Code § 35-4-73)
- The grantee’s name and address
- A legal description of the property (should be consistent with AL Code § 40-7-16)
- Consideration exchanged for the property
- A statement of conveyance (be sure to avoid words like “grant,” “bargain,” and “sell;” opt for “quitclaim and convey” instead)
Age Limitations for Alabama Quitclaim Deed
In Alabama, a property owner must be at least 19 to convey property to others immediately or in the future using a quitclaim deed (AL Code § 35-4-1).
Sample Alabama Quitclaim Deed
View an example of our Alabama quitclaim deed to learn how to structure yours. Then, write your own using Legal Templates’s guided questionnaire. Download the final copy in PDF or Word format.
Formatting Requirements for an Alabama Quitclaim Deed
Alabama law does not outline any specific formatting requirements for quitclaim deeds. The only requirement is that it must be written or printed on paper or parchment (AL Code § 35-4-20). Ensure that you check your county’s specific rules, as it may have requirements or preferences for headers, margins, and other formatting standards.
How to File an Alabama Quitclaim Deed
Filing a quitclaim deed in Alabama involves several steps to ensure the transfer is legally recognized. Follow the process below to complete and record your deed properly.
Step 1 – Procure a Copy of the Original Deed
Obtain the original deed to the property before you begin the quitclaim process. The deed contains critical information you need to file your quitclaim deed.
If you do not own the property, request a copy from the current owner or purchase one from your county’s probate court records department.
Step 2 – Fill Out the Deed
Enter the required details, including the property’s legal description and grantor and grantee details. Use Legal Templates’s form to include all of the necessary information.
Step 3 – Sign the Document
As required by AL Code § 35-4-20, the grantor must sign the document in the presence of at least one witness. While a witness is a requirement, you should also consider getting the document notarized by a notary public to increase its legitimacy.
Step 4 – Complete the Real Estate Sales Validation Form
The deed must be accompanied by a Real Estate Sales Validation Form, which verifies the transferred property’s actual purchase price or value (AL Code § 40-22-1).
Step 5 – File With the County Recorder
Your quitclaim form must be filed with the probate court in the county where the property is located. You can look up the correct location through the Alabama Secretary of State website. Submit the signed and witnessed quitclaim form, real estate sales validation, and any taxes and fees. Recording fees vary by county, so be sure to check with your county’s probate judge.
Some counties have different formatting and documentation requirements, so confirm with your local probate office before you file.
How Much Does a Quitclaim Deed Cost in Alabama?
When filing a quitclaim deed in Alabama, you’ll need to account for both county recording fees and potential state or federal taxes. Below is a breakdown of the key costs you may encounter.
Recording Fees
Each county in Alabama charges its own recording fees. For example, Montgomery County starts the fee at around $8 (a $5 index fee, a $2.50 per-page recording fee, and a $1 certification fee). Your exact county and the length of your deed will affect the pricing. Check your county’s website for details.
Taxes
Quitclaim deeds may also be subject to the following taxes:
1. Deed Tax
A quitclaim filing in Alabama is subject to a deed tax. The county will assess $0.50 per every $500 of property value when you file your quitclaim deed and associated documentation (AL Code § 40-22-1).
2. US Gift Tax (Form 709)
Alabama has no gift tax, but the federal government enforces one (Form 709) when the property is given without monetary exchange.
This tax only applies when the value of the gift exceeds a certain limit ($13.99 million as the lifetime exemption in 2025). Since this value changes annually, you should review federal gift tax requirements when tax season comes.
3. Capital Gains Tax
Depending on your income, filing status, and property value, you may pay a state or federal tax on Alabama quitclaim deeds. Tax rates can vary, so you benefit from reviewing tax laws or consulting with a tax professional before you file.
Since capital gains are taxed as income, you file these taxes when you report your annual income tax return.
