A Georgia quitclaim deed transfers ownership and interest in a property from one party (the grantor) to another party (the grantee) without any warranties that the title is good or that the property is free and clear of any liens or claims. It only transfers whatever ownership interest the grantor has at that time.
How to File
Filing a quitclaim deed in Georgia starts with gathering the right documents and following a few important legal steps. Careful preparation ensures the property transfer is valid, properly recorded, and easy for future title searches.
Step 1: Obtain the Property Deed
The property owner should have a copy of the original deed. You will need this to begin the quitclaim process, whether you are transferring real estate interest or simply changing information on the deed.
If you do not have a copy on hand, you can also obtain one through the Clerks of Superior Court website.
Step 2: Copy the Legal Property Description
Transcribe the full property description from the original title into your quitclaim deed. A clear property description is crucial for a valid document.
Your property’s legal description may be based on metes and bounds, county and general militia district, reference to a recorded plat, or a subdivision, lot, and block.
Pull the tax parcel identification number as well. Ga. Code § 44-2-2 requires this number on any recorded deed transferring real estate property.
Step 3: Complete the Quitclaim Form
Draft your deed based on the formatting requirements outlined under Ga. Code § 15-6-61. Generally, the document should be on standard white letter-sized (8 1/2 in. x 11 in.) or legal-sized (8 1/2 in. x 14 in.) paper. A margin of 3 in. is required on the top of the first page. All remaining margins should be at least 1 in. wide. Include a title on the first page that describes the quitclaim deed.
Your document should include grantor and grantee information, return mailing address for the grantee, transfer clause with warranty specifics, legal description of the property, tax parcel ID number, consideration exchanged, and grantor’s signature with notary and witness acknowledgment.
Step 4: Sign and Notarize the Completed Deed
Sign the form before a notary or other authorized officer and disinterested witness, per Ga. Code § 44-5-30.
Other people authorized to acknowledge a quitclaim deed are listed under Ga. Code § 44-2-15. They may include a judge, magistrate, deputy clerk, or clerk. The officer must operate in the county where the property addressed in the deed is located.
Step 5: Fill out Real Estate Transfer Tax Form PT-61
For a quitclaim deed that transfers real estate for consideration, you must disclose the amount using Form PT-61.
You can complete it online, print it, and provide it with the deed when filing.
Step 6: File the Deed With the Clerk of the Superior Court
According to Ga. Code § 44-2-1, you must file the deed with the Clerk of the Superior Court in the county where the conveyed property is located.
The clerk will record and index the document as required under Ga. Code § 44-2-2.
Step 7: Deliver the Executed Deed to the Grantee
According to Ga. Code § 44-5-39, the deed transfer becomes valid as soon as the document 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.
Although delivery and acceptance of the deed create a binding agreement between the grantor and grantee, you must still register it with the Clerk of the Superior Court.
Costs and Fees
Before recording a quitclaim deed in Georgia, it’s important to understand the filing costs, transfer taxes, and potential federal obligations. Taking a few minutes to plan ahead can help you avoid extra fees and stay compliant with state and IRS rules.
Filing Fees
- Per Ga. Code § 15-6-60, the Clerks of the Superior Court can assess fees for recording deeds and other real estate documents.
- Unless otherwise agreed, the grantor is typically responsible for submitting the deed and paying any associated fees and taxes, per Ga. Code § 44-5-47.
- The recording fee for a quitclaim deed is usually a flat $25 fee, as established under Ga. Code § 15-6-77.
Taxes
Quitclaim deeds may be subject to state transfer tax, as well as gift and capital gains taxes:
1. Transfer Tax
The Clerk of the Superior Court assesses state transfer tax when recording the deed.
Who Pays the Transfer Tax?
- According to Ga. Code § 48-6-3, transfer tax in the state is paid by the grantor registering the deed unless otherwise agreed by the parties involved.
Exemptions to Transfer Tax
Transfer tax does not apply to properties transferred with consideration less than $100. Other exemptions are listed under Ga. Code § 48-6-2 and include:
- 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.
Tax Rates
- Per Ga. Code § 48-6-1, the transfer tax rate is $1 for the first $1,000 of actual consideration and $0.10 for each additional $100 or fraction thereof.
2. U.S. Gift Tax (Form 709)
- The state does not charge 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 gift tax.
- The IRS website can help determine whether you owe gift tax for the property transfer. If so, submit Form 709 with your annual income tax return.
3. Capital Gains Tax
- The state may assess a capital gains tax if you used a quitclaim deed to sell property for a profit.
- Georgia income tax rates for capital gains are established under Ga. R&R § 560-7-7. The rates are based on the amount of profit you earned from the sale of the real estate property and how long you owned or inhabited the property.
- In addition, the IRS may assess a capital gains tax, depending on how much you made from the property sale, what your annual income was for that year, and how long you owned and lived in the conveyed property.
Georgia Quitclaim Deed Requirements
Transferring property in Georgia with a quitclaim deed means following a few key legal steps. Making sure your deed meets the state’s standards helps you avoid recording issues and ensures a clean, accurate transfer.
Legal Framework
Ga. Code § 48-4-44 provides the basis for using a deed to transfer property in the state. Other requirements include:
Legal Description
To ensure the smooth transfer of property between the grantor and grantee, the deed should have a clear legal description of the real estate interest being conveyed. While state codes do not specify the requirement for legal descriptions, case law has established that deeds without adequate property descriptions are invalid (Pirkle v. Turner, 277 Ga. 308, 588 S.E.2d 733 (Ga. 2003)).
A valid legal property description may include the following:
- Metes and bounds.
- Subdivision, land lot, and block.
- County and district.
- Reference to a recorded plat.
- General militia districts.
The document must also include the correct tax parcel identification number, per Ga. Code § 44-2-2. Most property owners can pull the legal description from the existing deed.
Signing
- Under Ga. Code § 44-5-30, any deed 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.
Terminology
- Ga. Code § 44-5-33 indicates that 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 down the road.
- Land sales do not automatically imply a warranty of title, per Ga. Code § 44-5-61. A general warranty typically adds language to grant covenants of quiet enjoyment, a right to sell, and a title free of encumbrances. A deed without warranty does not convey these covenants. Thus, the deed automatically acts as a quitclaim deed when warranties are not mentioned.
Additional Documents
- If you transfer property using a quitclaim deed in exchange for actual consideration, you must submit Form PT-61 to disclose the consideration amount, taxes owed, and exemptions.
- The grantor typically completes the form online and prints it to submit with the deed during recording. At the time of recording, the person filing the deed will also pay the applicable transfer tax.
Filing
- The Clerk of the Superior Court in each county is required under Ga. Code § 44-2-2 to record real estate transactions, including quitclaim deeds.
- The deed becomes valid as soon as the executed form is delivered to the grantee. Per Ga. Code § 44-5-39, even though the grantee does not sign it, they are bound by the terms as soon as they accept it.
- Per Ga. Code § 44-2-1, any deed conveying real estate property must be recorded with the office of the Clerk of the Superior Court in the county where the land is situated.
Validity Requirements
Ga. Code § 15-6-61 establishes basic formatting and submission requirements for recorded documents. To ensure validity, your deed should meet the following guidelines:
- Be 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.
Although state requirements for deed formatting are minimal, clarity is key. Ensure that your document is legible and easy to photocopy to avoid miscommunication or errors in the recording process.
The Clerk of the Superior Court in your county may have specific formatting and submission requirements, so you may benefit from contacting them for more information before you draft and submit the form.
Content Requirements
Georgia requires documents transferring real estate, including quitclaim deeds, to provide the following information:
- Names and addresses of the grantor and grantee (Ga. Code § 15-6-63).
- The return address for the recorded deed (Ga. Code § 44-2-14).
- Vesting clause and warranty language (Ga. Code § 44-5-33).
- Legal description of the property.
- Tax parcel ID number.
- Statement of consideration (Ga. Code § 44-5-30).
- The notarized and witnessed signature of the grantor.
Quitclaim Deeds vs. Other Property Transfer Methods in Georgia
| Quitclaim Deed | Transfers property between the grantor and grantee without any warranties or covenants as to title and ownership. The grantee cannot pursue legal action against the grantor for title defects or ownership problems that may arise. |
| Warranty Deed | Conveys property with full title warranty. The grantor is liable for any ownership issues or title defects that arise, regardless of the period in which they occurred (Ga. Code § 44-5-62). The grantee can pursue legal action against the grantor should title issues arise. |
| Limited Warranty Deed | Transfers real property with a partial warranty of title. Typically, it will hold the grantor responsible for title defects or issues that arose during their ownership but not for any problems with the title prior to the grantor’s tenure. |
| Life Estate Deed | Transfers real estate to the grantor’s beneficiary. The owner retains possession of the property during their lifetime, but ownership transfers to the beneficiary upon the owner’s death (Ga. Code § 44-6-80). |
| Title Insurance | When receiving a property via a quitclaim or limited warranty deed, the grantee may pay a premium for title insurance to cover costs associated with any title defects that arise (Ga. Code § 33-7-8). |
| Joint Tenants with Survivorship | The grantor may convey partial ownership of the property to a spouse or other co-habitants with a right of survivorship. In the event of the grantor’s death, their interest in the property automatically transfers to the co-owner (Ga. Code § 44-6-190). |
Sample Georgia Quitclaim Deed
Check out a sample Georgia quitclaim deed below. You can easily customize it using our document editor and download it as a PDF or Word document.
Frequently Asked Questions
How long is a quitclaim deed good for in Georgia?
In Georgia, a quitclaim deed remains valid indefinitely once properly executed and recorded. Unlike other legal documents, such as contracts, it has no expiration date.
Once it has been filed with the Clerk of the Superior Court in the relevant county, it becomes a permanent record of the property transfer.
What is the right of survivorship on a quitclaim deed in Georgia?
A Georgia quitclaim deed with the right of survivorship allows property ownership to automatically transfer to the surviving co-owner(s) upon the death of one owner.
This means that if one owner passes away, their share of the property automatically transfers to the surviving owner(s) without the need for probate proceedings.
Can a quitclaim deed be reversed in Georgia?
Generally, a properly recorded quitclaim deed in Georgia cannot be simply reversed. Once filed with the appropriate county recorder’s office, the transfer of ownership is complete. However, there are a few scenarios where you might be able to challenge a quitclaim deed:
- Mutual agreement: If both parties involved in the deed agree, they can create a new document, transferring the property back.
- Mistake: In some cases, the deed may be challenged due to an error in the legal description of the property, for example.
- Fraud or duress: If the deed was obtained through such means, you may be able to challenge it in court. This can be a complex legal process, and consulting with a real estate attorney is essential.
