A Pennsylvania quitclaim deed offers a warranty-free transfer of property that does not promise to remove liens, encumbrances, or other challenges with the property title.
It is frequently used for property transfers between family members and can also be used to make basic changes to a title, including correcting problems with the title or adding or subtracting a spouse from it due to marriage or divorce.
Legal Framework
Statute
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.
Transfer Tax
Pennsylvania assigns a 1% transfer tax to real estate transactions. Some exemptions apply.
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
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. |
