What Is an Alabama Quitclaim Deed?
The Alabama (AL) quitclaim deed is the form most commonly used for fast and easy transfer of property from one person to another. This form requires no title search and offers no guarantee to the ownership of the property, and it works well when transferring property within a family or among two trusted entities.
Quitclaim deeds in Alabama are popular because they are so fast, but sometimes a guarantee on the title is necessary. For these sales and property transfers, a warranty deed is the right type of deed.
Quitclaim deeds in Alabama sometimes are wrongly called “quick claim deeds,” “quit claims deeds,” or “quit claim deeds.” Though these terms are used in error, they all refer to the same, legally-binding deed transfer process with no warranty to the title.
Important Laws & Requirements
Laws: § 35-4-271, § 35-4-50, and § 35-4-20
Recording: In Alabama, quitclaim deed forms are filed with the County Probate Judge. All required fees must be paid at the time of filing.
Language: Alabama forbids the use of the words “sell,” “grant,” or “bargain” in a quitclaim deed. Instead, the deed must say “hereby quitclaim and convey” only per § 35-4-271.
Signing: Alabama quitclaim deeds require two witnesses or notarization by a notary public, per § 35-4-20.
Attachments: A quitclaim deed in Alabama must be filed with the Real Estate Sales Validation, or Form RT-1. This is according to § 40-22-1.
How to Write & File a Quitclaim Deed in Alabama
Step 1: Download the proper Alabaman quitclaim deed form, and start by entering the preparer’s information and address in the top left-hand corner. Leave the right-hand corner free for the county to use.
Step 2: Fill in the name and address for the person who will receive the tax notices on the property and the quitclaim deed when it is properly filed. In most cases, this should be the grantee as the property’s new owner.
Step 3: After the words, “State of Alabama,” record the property’s county.
Step 4: Write the dollar amount paid for the property in words, followed by a numeric value.
Step 5: Write the name, marital status, and address for the grantor, or the property’s seller. List the county prior to the city and state when recording the address.
Step 6: Do the same thing for the grantee, or buyer. Remember to add the grantee’s county.
Step 7: Record the property’s legal description. In Alabama, this is the book and page number for the last sale, along with the property’s identifying information, tax map number, lot number, or similar local property identification number. Alabama does not require the property’s address as part of its legal description.
Step 8: Fill out the Real Estate Validation Form and complete this before filing the quitclaim deed.
Step 9: The grantor is ready to sign the form. This requires two witnesses or a notary public.
Step 10: File the form, Real Estate Validation Form, and any required filing fees with the County Probate Judge’s Office in the property’s county.
