A Pennsylvania quitclaim deed is a straightforward method for property transfer, distinct from other forms requiring legal promises about property title. Due to its simplicity, this deed type is commonly chosen for family property transfers.
How to File
Filing a quitclaim deed in Pennsylvania requires careful completion, notarization, and recording at the county level. Following all necessary steps secures your transfer of ownership.
Step 1 – Do Your Research and Gather Documentation
In Pennsylvania, each county has the right to assign its own fees and requirements for quitclaim deeds. You may need to check your county’s Recorder of Deeds website to ensure you know what to expect and how to file your deed correctly. Next, gather all documentation. That may include:
- The current title to the property, which will include the legal description of the property and relevant information about the current owner of the property
- A quitclaim deed template to streamline the creation of your quitclaim deed
- A Certificate of Residence form
- For Philadelphia County residents, a Real Estate Transfer Tax Certification Form (Form 82-127)
Gathering documentation ahead of time can make filling out the quitclaim deed form easier while ensuring you are not missing vital paperwork or information.
Step 2 – Fill Out All Paperwork
Fill out the quitclaim deed form, the Certificate of Residence form, and, if needed, Form 82-127. Include all information requested in the forms and the necessary data for the quitclaim deed. Do not sign or date the quitclaim deed until you visit a notary since they must witness the signature.
Step 3 – Choose a Notary
A notary must witness the grantor’s signature on the quitclaim deed. You will need to show your government ID to prove who you are.
Step 4 – File the Deed
Visit the Recorder of Deeds in the county where the property is located. Provide them with all relevant documentation and pay the fees associated with filing your quitclaim deed in that specific county.
Costs and Fees
Recording a quitclaim deed in Pennsylvania usually involves county fees and a realty transfer tax. Preparing for these costs ahead of time can help you move through the process more easily.
Filing Fees
Each county in Pennsylvania has the right to set its own fees for filing a quitclaim deed. In Elk County, for example, the filing fee is $78.75. On the other hand, the base fee for a deed in York County is $85.25. Always check your county for any expected fees.
Taxes
The taxes associated with a real estate transfer are essential to the financial obligations related to selling or gifting a property.
Real Estate Transfer Tax
Pennsylvania has a 1% transfer tax for real estate transactions.
Exemptions to the Transfer Tax
There are several exemptions to the transfer tax in Pennsylvania, including:
- Easements for agricultural, preservation, or conservation transferred to or from the commonwealth, a county, a local government unit, or a conservancy
- Historic easements
- Transfers to or by land banks
- Transfers to or from the United States government or the Pennsylvania Commonwealth
- Part of a bankruptcy plan
- Transfers between husband and wife
- “Lineal ascendants and descendants,” including transfers between parents, grandparents, grandchildren, etc, and their spouses
- Transfers between siblings
- Individuals and siblings’ spouses
- Previously married individuals who owned the property together during their marriage
- Transfers into or out of trusts
If you believe you may not be subject to a transfer tax under the requirements of P.A. Statute § 91.191, consult an accountant or tax professional to ensure you follow those mandates.
US Gift Tax
The United States gift tax applies to gifts of substantial financial value, including real estate. Because of the significant value of many real estate transactions, including those managed by a quitclaim deed, the grantor should consider the cost of a gift tax when gifting real estate.
While there are exemptions to the gift tax of up to a set amount each year, real estate gifts frequently exceed the exempt amounts. Pennsylvania does not assign a separate gift tax.
Capital Gains Tax
The capital gains tax imposes a tax on the amount the value of the property has increased between the time the current owner bought the property and the time they sell it. The IRS imposes a federal capital gains tax on many property sales, including real estate transactions.
However, exemptions may apply when the grantor has used that property as their primary residence, living there at least two out of the last five years.
Pennsylvania assesses a tax on all income, including capital gains. The state does not consider capital gains separate from ordinary income, so real estate sales will be included under the grantor’s state income for the calendar year in which the property is sold.
Pennsylvania Quitclaim Deed Requirements
For a quitclaim deed to hold up in Pennsylvania, it must follow detailed legal standards. Making sure your deed meets these requirements protects you from costly delays.
Legal Framework
Penn. Stat. § 21 lays out the requirements for quitclaim deeds.
Signing Requirements
Penn. Stat § 21.10 notes that a quitclaim deed must have the grantor’s signature and validation by a notary. It does not have to contain a signature from the grantee or signatures from witnesses other than the notary.
Recording Requirements
Quitclaim deeds should be filed at the Recorder of Deeds Office in the county where the property is located. Each county in Pennsylvania can assign its own fees and may have its own rules for filing the deed, so the grantor and grantee should consult their local office before moving forward with a quitclaim deed.
Additional Documents
Submit a Certificate of Residence form with the quitclaim deed. Philadelphia County residents must also submit a Real Estate Transfer Tax Certification Form (Form 82-127).
Validity Requirements
To create a valid quitclaim deed, ensure it adheres to the requirements laid out by the individual county. Each county has the right to set its own requirements; however, most adhere to the same standards, including:
- Standard or legal sized paper (8 1/2 x 11 inches or 8 1/2 x 14 inches)
- Clear and legible text, including minimum 10-point font
- Dark blue or black ink that will allow for easy and clear copying
- A top margin of at least 3 inches on the first page of the document
- 1-inch margins around all sides of the page
- A title identifying the type of deed
Pennsylvania also notes the deed must be the original copy [1], and the document’s acknowledgment date cannot precede the date on the document itself.
Content Requirements
A valid quitclaim deed needs to include all essential information related to the property transfer. Using a quitclaim deed template explicitly created for Pennsylvania will help ensure the form contains all relevant information.
- The name and address of the grantor (the current owner of the property)
- The name and address of the grantee (the new owner of the property)
- A granting clause, specifically required by Penn. Stat. § 21:4, that grants ownership and rights of the property to the new owner
- The consideration, or payment, exchanged for the property, if any; or, a specific note that the property was gifted without consideration
- The legal description of the property, which should include a metes-and-bounds description or other references, not just the address of the property
- The Uniform Parcel Identifier for the property, used for tax purposes
- The name and address of the party that prepared the deed
In addition, Penn. Stat. § 52.1406.41 requires specific information for deeds that transfer the surface rights to land in a county with bituminous coal that is taxed separately.
Those deeds must include either the current owner’s certification about whether buildings on the property are entitled to support from the coal beneath it or a statement from the grantee noting that they know they may not have the right to protection against damage caused by coal mining.
Quitclaim Deeds vs. Other Property Transfer Methods in Pennsylvania
The biggest difference between a quitclaim deed and other property transfer methods in Pennsylvania is the lack of a warranty of title on the quitclaim deed. A quitclaim deed specifically conveys that property is without any warranty against title defects, including loans and encumbrances, and should not contain any language that implies those protections.
Furthermore, the quitclaim deed is intended to transfer the current owner’s interest in the property rather than acting specifically as a transfer of the property itself. Determining the right type of deed for a given situation is critical to protecting the grantee’s rights.
| Quitclaim Deed | This property transfer type conveys the grantor's interests and rights to the property without warranties against title defects, suitable for gifting between relatives, real estate transfers into or out of trusts, adding or removing a spouse, and creating joint tenancies. It enables quicker property transfers than methods with general warranties but places all liability for title defects, including liens and unpaid taxes, on the grantee. |
| General Warranty Deed | This standardized property transfer method offers a full warranty against title defects, such as unpaid taxes, liens, and encumbrances, providing more protection to the grantee than other transfer types. Common in standard property sales, it ensures a high level of grantee security but requires more time to complete than quitclaim or special warranty deeds. |
| Survivorship Deed | Establishes a right of survivorship among property co-owners, ensuring that if one dies, their interest automatically passes to the surviving co-owners, safeguarding their rights and avoiding probate. It's specifically designed for co-ownership contexts, protecting current owners' interests upon the death of any owner, but is applicable only in such shared ownership scenarios. |
| Special Warranty Deed | Conveys ownership with a warranty limited to the period the grantor owned the property, ideal for foreclosures and bank sales. It offers the grantee some protection and facilitates faster sales than traditional warranty deeds. However, the grantee assumes risk for any liens or encumbrances that existed before the grantor's possession. |
| Life Estate Deed | Establishes two property interests: a life estate for the tenant to use the property for life, and a remainder interest for a beneficiary post-owner's death, streamlining transfer by avoiding probate. It allows property to bypass probate for immediate transfer after the grantee's death but is irrevocable, restricting the grantee's ability to make decisions, including selling, without beneficiary consent. |
| Transfer-on-Death (TOD) Deed | Transfers the grantor's property interest to the grantee only after the grantor's death, effectively avoiding probate. This deed allows the current owner to retain full property rights during their lifetime and is revocable, meaning the grantee does not have guaranteed rights to the property until the death of the grantor. |
Sample Pennsylvania Quitclaim Deed
Here’s a free sample Pennsylvania quitclaim deed you can customize. Use our online editor and download your finished document in PDF or Word format.
Frequently Asked Questions
How long does it take to record a quitclaim deed in Pennsylvania?
Recording times for quitclaim deeds in Pennsylvania vary by county. Typically, deeds are recorded within a few days after being submitted to the county’s Recorder of Deeds office.
However, the timeline can extend during busy periods or due to specific county processes. Contacting the county office directly will provide the most accurate recording timeframe.
Can a quitclaim deed in Pennsylvania be reversed?
Reversing a quitclaim deed in Pennsylvania is not straightforward once it’s executed and recorded. Any modification or reversal would require agreement from all parties involved and the execution of a new deed.
It’s a complex process that often necessitates legal advice to understand the potential consequences and to navigate the legal requirements.
Does a Pennsylvania quitclaim deed guarantee a clear title?
No, a quitclaim deed in Pennsylvania does not guarantee clear title. It only transfers the grantor’s interest in the property, which may not be free of liens or other encumbrances. Buyers are advised to conduct a comprehensive title search and consider title insurance to protect against any title defects.
How does a quitclaim deed impact mortgages in Pennsylvania?
In Pennsylvania, a quitclaim deed transfers ownership interest without affecting the existing mortgage on the property. The mortgage responsibility remains with the grantor unless specifically renegotiated with the lender. The grantee should be aware they acquire the property subject to any outstanding debts or liens.
Is a quitclaim deed suitable for estate planning in Pennsylvania?
Quitclaim deeds are used in estate planning in Pennsylvania to transfer property to trusts or heirs, potentially simplifying the probate process. However, given they do not warrant the title, their appropriateness depends on the estate’s specific circumstances.
Consulting with an estate planning attorney is crucial to ensure a quitclaim deed aligns with the overall estate strategy and goals.
