What Is an Arkansas Quitclaim Deed?
An Arkansas quitclaim deed is a legal document that transfers property from one person to another without warranties of ownership. Arkansas law allows you to transfer property without warranties under Arkansas Code § 18-12-102.
This means that the person giving the property (grantor) does not confirm that they own the property or that the title is clear. They transfer whatever interest they may have, if any. and allow the other person (grantee) to take the property as-is. People often use it when they already trust each other, for example, a family member or a former spouse.
A quitclaim deed does not remove mortgages, liens, or other debts attached to the property.
Arkansas Quitclaim Deed Requirements
Arkansas has clear rules for quitclaim deeds. Following these requirements helps ensure your property transfer is valid and accepted for recording.
Required Information
An Arkansas quitclaim deed must include basic details about the transfer that identify the parties and the property being transferred.
Your deed should include:
- The document title showing it is a quitclaim deed
- The grantor and grantee names
- The consideration amount, even if the transfer is a gift. A nominal amount is typically included.
- Co-ownership language, if the property is owned by more than one person and each person owns their own share (AR Code § 18-12-603)
- Preparer information
- A return address for the recorded deed
Property Description Rules in Arkansas
Every quitclaim deed form in Arkansas must include a legal description of the property. Note that a street address alone is not enough. A proper legal description includes:
- Lot or parcel number
- Township, range, and section
- Subdivision name
- Parcel location details used by the county
This legal description should match the most recent recorded deed to avoid title issues.
Signing and Notarization Requirements
An Arkansas quitclaim deed form must be signed and notarized before it can be recorded. Under AR Code § 18-12-203, the grantor must sign the deed in front of a notary public. In some cases, the grantor’s spouse must also sign the deed as per AR Code § 18-12-403:
- If the spouse co-owns the property
- If the property is a homestead
Formatting Requirements
There are specific formatting requirements that a quitclaim deed form in Arkansas must follow. If these requirements are not met, the deed may be rejected. Under AR Code § 14-15-402, Arkansas quitclaim deed forms must meet the following requirements:
- Paper Size: 8.5 x 11 inches
- Legibility: The text must be clear and readable
- Margins: 2.5 inches at the top of the first page and the bottom of the last page. 0.5 inches on all other sides
- Recorder Space: Leave room at the top right of the first page for the recorder’s file mark
Transfer Tax Affidavit Requirements
Arkansas generally requires a real property transfer tax affidavit of compliance when recording a quitclaim deed, even when no tax is due. As per AR Code § 26-60-107, you must submit a completed tax affidavit stating whether tax is due or an exemption applies. Transfer tax is based on the consideration amount and is typically paid at the time of recording (AR Code § 26-60-106).
Sample Arkansas Quitclaim Deed
Take a look at the sample Arkansas quitclaim deed form below to see what details need to be included. Once you’re ready, use our guided questionnaire to customize and download your deed in PDF or Word format.
How to File a Quitclaim Deed in Arkansas
Here is a step-by-step guide on how to file a quitclaim deed form in Arkansas with the county office.
Step 1 – Gather Property Information
Gather the property details from the most recent recorded deed. You will need the full legal description and ownership information to complete the deed. If you don’t have a copy of the prior deed, you can request one from the circuit clerk in the county where the property is located.
Step 2 – Complete the Quitclaim Deed
Add all required information on your Arkansas quitclaim deed form. Make sure all the fields are correctly filled out, and the deed follows the formatting requirements under AR Code § 14-15-402. Quitclaim deed forms that don’t follow these requirements may be rejected.
Step 3 – Complete the Transfer Tax Affidavit
Complete the real property transfer tax affidavit of compliance with your Arkansas quitclaim deed form when recording. The affidavit must state whether a transfer tax is due or an exemption applies and must be signed by the grantee, as per the rules under AR Code § 26-60-107.
Step 4 – Sign Before a Notary
Sign your Arkansas quitclaim deed form in front of a notary public. Some transfers also require the grantor’s spouse to sign (AR Code § 18-12-203, AR Code § 18-12-403).
Step 5 – Record the Deed
Submit the signed and notarized quitclaim deed, transfer tax affidavit, and required fees to the circuit clerk in the county where the property is located (AR Code § 14-15-404).
Arkansas Quitclaim Deed Cost and Fees
There are certain costs and fees associated with filing a quitclaim deed in Arkansas. The exact cost depends on the county and the details of the transfer. Here’s what you can expect to pay.
Recording Fees
Arkansas counties charge a fee to record a quitclaim deed form. Recording fees vary based on the number of pages and may differ from one county to another. You must pay the recording fee when you file the deed with the circuit clerk in the county where the property is located (AR Code § 14-15-404).
Arkansas Real Property Transfer Tax
Arkansas charges a real property transfer tax on most property transfers with consideration over $100, including quitclaim deeds. Under AR Code § 26-60-105, the transfer tax rate is $3.30 for every $1,000 of the property’s value, or a fraction of $1,000.
Transfer tax is typically paid when the deed is recorded unless the parties agree otherwise. The cost is generally split between the grantor and grantee under (AR Code § 26-60-106). Some transfers may qualify for an exemption, such as certain family transfers or a deed related to divorce.