Free Georgia Quitclaim Deed Form

For a quitclaim deed to be considered valid in Georgia, it must include the proper content, terms, and signatures. Include the following elements in your quitclaim deed:

• Grantor and grantee information: Name the grantor who is transferring their interest and the grantee who receives it.
• The return address for the recorded deed: Provide the return address for the recorded deed of the property.
• Vesting clause and warranty language: Vesting clause and warranty language must note the type of transfer. Quitclaim deeds include phrasing such as “conveys and quitclaims” rather than warranty deed language.
• Legal description of the property: This section of the form must include the valid legal description. Include the metes and bounds, subdivision, land lot, block, county, district, recorded plat, and general militia districts.
• Tax parcel ID number: The exact tax parcel ID for the property is required as part of the description. This number can typically be found on the existing deed.
• Statement of consideration: Provide a statement of consideration to show what the grantor receives in exchange for their interest. This should include a dollar amount and the phrase “other good and valuable considerations.”
• Notarized and witnessed signature: Under GA Code § 44-5-30, deeds conveying real property must be signed by the grantor before an officer and one other witness. Officers may include a notary public, judge, magistrate, clerk, or deputy clerk in the county where the property is located, per GA Code § 44-2-15.

Creating a valid Georgia quitclaim deed requires the proper terms and formatting. Each element must follow state laws to ensure complete and accepted proof of the property transfer.

Formatting

Georgia quitclaim deeds must be properly formatted to be considered valid. According to GA Code § 15-6-61, the document must meet the following requirements:

• Printed on white paper, either 8 ½ in. x 11 in. or 8 ½ in. x 14 in.
• Include a top margin on the front page of at least 3 in. and 1 in. for all other margins.
• Include a title that describes the character of the deed.

Terminology

The language and terms of the document can help determine the type of transfer or deed. According to GA Code § 44-5-33, a deed does not need to take a specific form. As long as the grantor or grantee accepts the document, the form does not matter. However, clear language outlining the intent of the deed can prevent legal complications later in the process.

GA Code § 44-5-61 states that land sales do not automatically imply a warranty of title. Deeds with general warranties include language for quiet enjoyment, a right to sell, and a title free of encumbrances. If these warranties are not mentioned in the terms of the form, the deed automatically acts as a quitclaim deed.

Legal Templates offers free Georgia quitclaim deed forms complete with state-specific terms. View our customizable sample document, available in PDF and Word format.

Once you’ve created a Georgia quitclaim deed, it must be filed with the proper courts and offices. Follow the steps below to complete and file your form, ensuring a successful quitclaim transfer of property.

1. Get the Property Deed

The property owner should have a copy of the original deed. You will need this document to start the quitclaim process, whether you are transferring a real estate interest or updating the deed. If you do not have a copy on hand, you can also obtain one through the Clerks of Superior Court website. Providing the original property deed proves the grantor’s ownership and ensures you can correctly identify the property.

2. Copy the Property Description

Using the original deed, transcribe the full property description to the quitclaim deed. Georgia quitclaim deeds require a full and clear description of the property to be considered valid. Make sure you include all elements of the property description as well as the tax parcel ID number, as required by GA Code § 44-2-2.

3. Fill Out Your Quitclaim Form

Identify the grantor and grantee, and note important party and property information. Then record the consideration, or the amount paid to the grantor, for the transfer. Note any applicable taxes and the amounts paid in tax fees.

4. Sign and Notarize the Deed

After you supply the necessary information, review, sign, and have the quitclaim form notarized. Georgia requires quitclaim deeds to have the signature of the grantor, one witness, and an officer. Also include the effective date for the deed to indicate when the transfer of interest occurs.

5. Complete Real Estate Transfer Tax Form PT-61

If your transfer includes an actual consideration, you must also submit Form PT-61 with your quitclaim deed. This form discloses the consideration amount, the applicable taxes owed, and any exemptions. The grantor should complete, print, and submit Form PT-61 with the deed during the recording process. Any transfer taxes listed on this form will also be paid at the time of recording.

6. File With the Clerk of the Superior Court

File your completed Georgia quitclaim deed with the Clerk of the Superior Court in the county where the conveyed property is located. The clerk will then record and index the document as required under GA Code § 44-2-2. Filing with the clerk and county ensures a valid and proper transfer of interest.

7. Deliver the Executed Deed to the Grantee

After completing, recording, and filing a Georgia quitclaim deed, it must be sent to the grantee. GA Code § 44-5-39 provides that the deed transfer becomes valid as soon as it is delivered to and accepted by the grantee. While the document does not require the grantee’s signature, their acceptance of the deed implies agreement with the deed’s terms.

The cost for a quitclaim deed in Georgia can vary significantly. Factors such as filing fees, state taxes, and federal obligations affect the total cost of your deed. These amounts also depend on the type, size, and location of the property being transferred.

Filing Fees

Under GA Code § 15-6-77, a $25 recording fee typically applies when filing a quitclaim deed. The Clerks of the Superior Court in the county where the property is located have the authority to assess and collect recording fees for deeds and other real estate documentation. In most cases, the grantor assumes responsibility for submitting the deed and paying the applicable fees and taxes. If someone other than the grantor plans to cover these costs, the deed should clearly state which party will be responsible for payment.

Transfer Taxes

When recording the deed, the Clerk of the Superior Court in the property’s county will determine the transfer tax. Per GA Code § 48-6-1, the standard transfer tax rate is equal to $1 for the first $1,000 paid in consideration and $0.10 for each additional $100 or fraction thereof. Georgia law also states that the grantor is responsible for paying fees unless the terms of the deed state otherwise.

If the deed has a consideration of less than $100, no transfer tax will apply. In addition, GA Code § 48-6-2 provides transfer tax exemptions in the following cases:

• Gifted deeds.
• Deeds securing a debt.
• Deeds to or from US or state of Georgia government entities.
• Transfers between spouses due to divorce.
• Deeds in lieu of foreclosure.
• Deeds transferring real estate to or from a fiduciary without valuable consideration.
• Deeds transferring real estate to a joint tenant or tenant in common without consideration.
• Deeds transferring property to a business owned by the grantor.

US Gift Taxes

Georgia does not have a state gift tax. If you gifted property using a quitclaim deed, and the property value exceeds the annual exemption amount established by the Internal Revenue Service (IRS), you may owe federal gift taxes. Use the IRS website to determine whether you owe gift tax for the property transfer. If so, submit Form 709 with your annual income tax return.

Capital Gains Taxes

In Georgia, capital gains taxes may apply if you use a quitclaim deed to sell your property for a profit. The rate for these fees is established under GA R&R § 560-7-7 and varies based on the amount of profit earned and the duration of ownership or occupancy of the property.

The IRS may also assess federal capital gains taxes. These taxes depend on the amount gained from the property’s sale, how long you owned the property, and your annual income for the year of the sale.