Whether you are filing a quitclaim deed to convey a gift, sell a property, or update a deed, these steps can simplify the process.
Step 1: Secure a Copy of the Property Deed
The current deed to the property contains critical details necessary to proceed with a quitclaim deed. If the current owner or grantor does not have a copy, they can obtain it from the county clerk’s office in the county where the property is situated.
Step 2: Identify the Legal Property Description
When you have obtained the deed, locate the legal property description. You can copy this description into the new quitclaim deed verbatim. Note the original deed’s recording information on your quitclaim deed, as the recorder will need this reference to file your document.
Step 3: Fill Out the Quitclaim Deed Form
Draft a quitclaim deed consistent with the formatting requirements adopted by the Kentucky County Clerk’s Association. The document should include the following information:
- Full names of the grantor and grantee (§ 382.135)
- Mailing addresses for the grantor and grantee (§ 382.135)
- Marital status of the grantor (§ 382.135)
- Name and address of the person who prepared the deed (§ 142.050)
- Statement of consideration (§ 382.135)
- Property tax statement mailing address (§ 382.135)
- Legal property description (§ 382.110)
- Property identification number, if applicable (§ 382.335)
- Vesting language transferring the property
- Derivation clause (§ 382.110)
Step 4: Execute the Deed in the Presence of a Notary or Witness
Sign the deed before the appropriate officer or witness. § 382.130 requires the deed to be signed by the grantor and acknowledged by a notary public, subscribing witnesses, or county clerk. The grantor’s spouse must also sign if the grantor is married, according to § 392.020.
The grantor can also electronically sign and file a deed if they meet the requirements outlined under § 382.075 for signing and acknowledgment.
Step 5: File the Quitclaim Deed
In accordance with § 382.110, submit your quitclaim deed to the county clerk in the county where the property is located. If the property is in multiple counties, you can record the deed in the county where the greater part of the property rests.
