Follow these key steps to ensure that your Delaware quitclaim deed is filed correctly.
Step 1: Gather Your Paperwork and Documentation
Collecting your paperwork ahead of time sets you up for success as you move forward with the property transfer. You should make sure that you have the current title to the property involved in the transfer and any other relevant documentation.
Furthermore, collect Form 5402 (Realty Transfer Tax Return and Affidavit of Gain and Value), which is necessary for validating and completing a property transfer.
Step 2: Fill Out the Documentation
Complete all required documents. Do not leave any lines or content blank on your paperwork since that could invalidate the transfer.
Step 3: Take the Document to a Notary
Del. Code tit. 25 § 122 requires that quitclaim deeds be witnessed and signed by a notary. Sign and date the form in the notary’s presence.
You will receive the notary’s stamp and signature at that time.
Step 4: File the Deed
Delaware has three districts for filing quitclaim deeds, as laid out in Del. Code Title 9 Chapter 96. These include:
- Kent County
- New Castle County
- Sussex County
Take your quitclaim deed and Form 5402 to the County Clerk’s Office in the county where the property is located. Each county has its own fee schedule, so contact the County Clerk’s Office ahead of time to make sure you know how much you should expect to pay in fees for your document. Make any necessary copies of your quitclaim deed before filing.
