What Is a Nebraska Quitclaim Deed?
A Nebraska quitclaim deed is a form used to transfer ownership rights for a property. Unlike a warranty deed, a quitclaim deed provides no warranty of title to the property. In most cases, this type of deed is used when the parties involved have preexisting trust or relationships. Property transfers in a divorce settlement or between family members often use quitclaim terms. It can also be used to fund a living trust or correct errors in the title information.
Legal Templates’s free Nebraska quitclaim deed ensures a legally valid exchange of property. Use our forms for easy and state-specific terms and formatting.
What to Include in a Nebraska Quitclaim Deed
A Nebraska quitclaim deed needs to include full and accurate information for a legal transfer of ownership. Gather the following information and record your terms.
- Parties involved: Record the full legal name and address of the grantor and grantee. The grantor is the one giving away their ownership, while the grantee is the recipient.
- Property description: You can use your original property deed to copy and record the full legal description. Include the property’s metes and bounds, county, lot number, and subdivision name.
- Quitclaim language: Include the word “quitclaim” in the terms of your deed to ensure clear communication about the lack of warranty. This statement distinguishes your agreement from a warranty deed.
- Statement of consideration: Provide a nominal amount as consideration (payment) to show that a transaction occurred without revealing the total.
- Real estate transfer statement: In addition to the quitclaim deed form, Nebraska requires a Real Estate Transfer Statement (Form 521). File both forms with the Register of Deeds and use the transfer statement to determine and pay the applicable fees and taxes.
- Signature and notarization: Have the grantor, grantee, and a notary sign the quitclaim deed form. While notarization is not legally required, it ensures proper legal validity and security.
Sample Nebraska Quitclaim Deed
Use Legal Templates’s free Nebraska quitclaim deed form for an effective exchange of property ownership rights. Our customizable document is available to download in PDF and Word format.
How Much Does a Nebraska Quitclaim Deed Cost?
Nebraska quitclaim transfers often incur various fees and taxes. The exact costs may vary widely depending on the location, value, and type of transfer. Consider the following possible fees to determine the total amount for your Nebraska quitclaim deed.
Filing Fees
Nebraska state laws dictate standardized quitclaim filing fees across all counties. Under NE Rev Stat § 33-109, filing fees include:
- $10.00 for the first page
- $6.00 for each subsequent page
- $1.50 per page for a certified copy of the quitclaim deed
Documentary Stamp Tax
In addition to filing fees, the Nebraska Department of Revenue charges a documentary stamp tax. As stated in NE. Rev. Stat. § 76-901, this tax is assessed at a rate of $2.32 per $1,000 of property value, or fraction thereof.
Gift Taxes
Nebraska has no state-specific gift tax on quitclaim or property transfers. All states, however, are subject to federal gift taxes. The IRS applies these taxes to the value of a property that is gifted to the grantee and exceeds the $19,000 gift limit for the 2025 tax year. You can use Form 709 to determine, file, and pay applicable gift tax.
Capital Gains Tax
Under NE Admin. Code § 22, a capital gains tax is imposed regardless of IRS requirements. However, the laws governing capital gains on Nebraska properties can vary based on the following considerations:
- Whether the property was your primary residence
- How long you have owned the home before you sold it
- Whether you lived in the residence for a specific period before selling
- If you claimed a capital gains tax deduction on a different home within the past two years
Check state laws and evaluate the property’s condition and the quitclaim deed to determine the exact taxes and regulations.
Federal IRS capital gains tax also applies in all states if the property is sold for a significant profit. These rates range from 0-15% and can reach 20% for individuals with high incomes that exceed the threshold for the 15% capital gains tax.
