A Utah quitclaim deed is a legal instrument for property conveyance, enabling the owner (grantor) to transfer real estate to a recipient (grantee) without making promises about the quality of the ownership or the presence of encumbrances. This document includes the buyer’s and seller’s details, consideration amount (if applicable), and property description.
How to File
Filing a quitclaim deed in Utah requires completing the document, meeting notarization requirements, and submitting it for recording. Taking the right steps helps make the transfer legally binding.
Step 1: Reference the Original Deed
A quitclaim deed must contain a legal description of the property you’re conveying. This description must match the description in the original deed. Obtain and reference the original deed to ensure you record all boundary lines and other details properly.
If you don’t have access to the original deed, you can request a copy from your local county recorder’s office. Most county recorder’s offices charge fees to obtain documents, so you can prepare to pay a small fee to access the deed.
Step 2: Consult an Attorney
Matters involving property transfer can be complicated. Seeking legal guidance from an attorney qualified to handle property transfers helps ensure you complete and file the deed properly.
Step 3: Complete the Quitclaim Deed
Use our form to fill out all the required sections of your quitclaim deed, including the names and addresses of both parties, the consideration, the date of the agreement, and the legal description of the property.
Step 4: Complete the Water Rights Addendum
Complete the Water Rights Addendum to add it to your quitclaim deed. State law requires the grantor to complete this form regardless of whether the property transfer involves water rights (Utah Code § 57-3-109).
Clearly outline the transfer of water rights, if applicable. If the conveyance doesn’t involve water rights, note this detail in the addendum.
Step 5: Sign and Notarize
Once you complete the deed and the accompanying Water Rights Addendum, sign the finished deed in the presence of a notary public. You can usually access a notary at your local county recorder’s office, but many banks, courthouses, and law offices also have notaries available. The Utah State Notary Office offers an online search for notaries in your zip code.
Be sure to bring personal identification when getting your deed notarized. As specified by Utah Code § 46-1-2, valid forms of identification for notaries in Utah are:
- A United States passport.
- Government identification containing a photograph, physical description, and signature.
Notaries in Utah sometimes charge a small fee to notarize documents. Under Utah Code § 46-1-12, notaries can charge up to $10 per signature.
Step 6: File with the County Recorder
File your signed and notarized deed with your local county recorder’s office. County recorder’s offices typically charge a small fee to file documents. These fees vary from county to county, but the standard is $40 per instrument with no page limit (Utah Code § 17-21-18.5(1)(b)).
Double-check that your quitclaim deed abides by the formatting requirements specified by Utah state law. Ensure the text and signatures are legible enough for the county recorder’s office to make multiple copies.
Costs and Fees
Utah quitclaim deeds come with recording fees and taxes. Having a solid idea of the total costs can help you manage your property transfer smoothly.
Filing Fees
The recording fee is $40 per instrument with no page limit (Utah Code § 17-21-18.5(1)(b)). If your document contains more than ten descriptions, expect to pay $2 for each additional description.
Taxes
While there’s no transfer tax, you may be responsible for federal taxes.
1. Real Estate Transfer Tax
Utah doesn’t charge a tax when conveying real estate.
2. US Gift Tax (Form 709)
While Utah doesn’t impose a state-level gift tax, a conveyance via a quitclaim deed may be subject to US federal gift taxes. If the quitclaim deed went into effect without the grantee transferring money to the grantor, the grantor is required to file IRS Form 709 for the US gift tax.
However, there are some cases where the grantor won’t have to pay the gift tax. One exemption is if the grantor transferred the property to a spouse. The government also establishes annual exclusion limits. The limit is $18,000 for the 2024 tax year ($36,000 for married couples), so the grantor will be exempt from the tax if the gift is less than this value.
3. Capital Gains Tax
At the state level, Utah charges capital gains tax as ordinary income, meaning it’s subject to a rate of 4.65%.
Parties must pay applicable federal capital gains tax, too, which the IRS discusses in Topic no. 409. The rates will vary depending on whether the capital gains are short-term or long-term.
Utah Quitclaim Deed Requirements
Utah law sets clear standards for the creation and recording of quitclaim deeds. Preparing a thorough and accurate deed can help you avoid setbacks when transferring property.
Legal Framework
Utah Code § 57-1-13 provides the statutory form for quitclaim deeds. It implements the word “quitclaim” for clarity. It includes the main property and associated structures, features, privileges, and rights that belong to the property. Please note that it doesn’t guarantee the quality of ownership or the lack of liens.
If a boundary line agreement operates as a quitclaim deed, it must meet the requirements in Utah Code § 10-9a-524 or Utah Code § 17-27a-523 (whichever is applicable).
Legal Description
Utah Code § 57-3-105 requires a legal description to accompany legal documents, including a quitclaim deed. The statute says that the legal description can consist of any of the following:
- Metes and bounds.
- A governmental survey that either (a) references the Public Land Survey System or (b) specifies the real property’s township, base, range, and meridian.
- A lot, block, tract, parcel, or unit within a previously recorded plat or map.
- The claim name and the state/federal agency serial number (if available) if the real property consists of a mining claim.
Signing
Under Utah Code § 57-3-101, a notary must witness the grantor’s signature. The quitclaim deed will not be valid for filing without a notary seal.
Additional Documents
Utah Code § 57-3-109 requires the grantor to submit a Water Rights Addendum with their quitclaim deed. The addendum should clearly outline the transfer of water rights on the property. Even if the transfer doesn’t involve water rights, the grantor must still fill out this additional document and clarify that no water rights pertain to the transfer.
Filing
Per Utah Code § 57-3-101, the grantor must record their quitclaim deed with the local County Recorder’s Office in the county where the property exists.
Validity Requirements
For the county recorder’s office to deem a quitclaim deed valid, it must meet the following requirements (Utah Code 17-21-20):
- Be an original document or a certified copy of the original document.
- Be in English or have an accurate English translation.
- Have a visible and legible notary seal.
- Have original signatures.
- Be on white paper that’s 8.5 inches by 11 inches.
- Not be on sheets of paper that are bound together.
- Not contain printed material on both sides of the pages.
- Have a space of 4.5 inches across and 2.5 inches down the upper right corner of the first page and a one-inch margin at the top of each subsequent page.
- Be legible enough to make certified copies.
- Be printed in black ink.
- Have text that’s no smaller than seven lines of text per vertical inch.
Content Requirements
Here are the requirements for the content within your quitclaim deed:
- The grantor’s and grantee’s full legal names.
- The grantor’s and grantee’s addresses.
- The consideration the grantee will provide to the grantor (if applicable).
- The property’s legal description (the description must match the one in the previous deed to the property on file with the county recorder).
- The agreement’s date.
Quitclaim Deeds vs. Other Property Transfer Methods in Utah
| Quitclaim Deed | Conveys whatever interest or claim the grantor may have in the property to the grantee without any assurances about the title. |
| General Warranty Deed | Transfers property with a guarantee that the grantor holds a clear title to the property and has the right to sell it (Utah Code § 57-1-12). |
| Special Warranty Deed | Similar to a general warranty deed but with limitations on the warranties that the grantor provides. Usually, the grantor only guarantees against title claims that occurred during their ownership (Utah Code § 57-1-12.5). |
| Grant Deed | Similar to a special warranty deed but has fewer protections for the grantee. |
| Transfer on Death Deed | Lets property owners designate beneficiaries who will immediately inherit the property upon their death (Utah Code § 75-6-416). |
Sample Utah Quitclaim Deed
View a free Utah quitclaim deed sample. You can update the form through our document editor and download your completed deed as a PDF or Word file.
Frequently Asked Questions
What are the potential liabilities of using a quitclaim deed in Utah may present?
Potential liabilities can include undisclosed heirs, unrecorded encumbrances, and inaccurate property descriptions. You can safeguard against these issues by conducting a thorough title search and securing title insurance before conveying the property.
When should I use a quitclaim deed in Utah?
Consider using a quitclaim deed in Utah when you don’t sell the property for significant value. For example, you may use it when conveying property to family members, removing/adding a spouse from a title, or transferring property into a trust. You may also use it to clarify the property’s boundary lines.
How does a quitclaim deed affect a mortgage in Utah?
A quitclaim deed conveys property without affecting the underlying mortgage. If the property has a mortgage, the original borrower must still pay the debt. The grantee only becomes responsible for the mortgage if they have specifically agreed with the lender to do so.
