What is an Arkansas Quitclaim Deed?
An Arkansas (AR) quitclaim deed allows someone who owns a property (grantor) to transfer ownership of that property to someone else (grantee). The property transfer comes with no promises or guarantees about the property’s title or the grantor’s right to sell the property.
Sometimes people in Arkansas mistakenly call the quitclaim deed a “quick claim deed,” “quit claims deed,” or “quit claim deed.” These all refer to the same document.
If the grantor and grantee want a guarantee on the title, they need to use a warranty deed instead of a quitclaim deed in Arkansas.
Important Laws & Requirements
- Laws: § 18-12-209, § 14-15-404, and § 18-12-104
- Recording: According to §14-15-404, all quitclaim deeds in Arkansas must be submitted to the Circuit Court for filing. The court will charge a filing fee. Choose the court that oversees the county where the property is located.
- Signing: Per § 18-12-104, Arkansas quitclaim deeds require the grantor sign in front of a notary public and two additional witnesses who have no claim in the transaction.
- Taxes: The tax rate on real estate transfers in Arkansas is $3.30 per $1,000. This must be paid when submitting the quitclaim deed. It also requires you to file the Tax Compliance Affidavit.
How to Write & File a Quitclaim Deed in Arkansas
Step 1: Find and download the Arkansas quitclaim deed form.
Step 2: Record the name and address of the person who prepares the form. Record the name and address of the person who wishes to receive the form after it has been recorded. These go on the upper left-hand side of the form.
Step 3: After “State of Arkansas,” record the property’s county.
Step 4: After “Know All Men By These Presents,” write the dollar amount, in words, that the grantee is paying to the grantor for the property. Then, in parentheses, write the amount numerically.
Step 5: Record the grantor’s full name. This goes in the blank after “in hand paid to.” After the name, write “grantor,” then write the grantor’s mailing address, county, city, and state.
Step 6: Repeat this for the grantee, using the term “grantee” in the appropriate blank.
Step 7: Write the legal description of the property. After “situated in,” write the property’s county. If you need to attach additional documentation, note the title of the documentation in the blanks where the legal description should be.
Step 8: Take the deed to a notary public, and arrange for two witnesses to come as well. The witnesses and the notary will all need to sign the document after watching the grantor sign. According to § 18-12-104, the witnesses must be neutral parties with no vested interest in the transaction.
Step 9: Record the deed with the Circuit Court in the county where the property is located, and pay the tax based on the price paid for the property.