» Deed Forms – Quit Claim, Warranty, and Special Warranty

Deed Forms – Quit Claim, Warranty, and Special Warranty

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A deed form is a document that is used to transfer the ownership of real property from one (1) party to another, grantor to grantee. This is typically filled-in at the conclusion of a sale, referred to as the ‘closing’, and filed with the County Registry of Deeds.

Forms By Type

There are 3 popular ways to convey property:

General Warranty – Guarantees title for the Grantor’s time on the Property (the Seller) and also during the time for all previous owners of the real estate (also known as ‘fee simple).

Quit Claim – Mainly for situations when the ownership of real estate will transfer due to business, divorce, litigation, or between family. Typically, there is not a financial transfer from the party receiving title to the party that is granting it. There is no guarantee given by the transferring party that there aren’t any defects to the title of the property.

Special Warranty Deed – Only guarantees title over the course of the Grantor’s (Seller’s) ownership of the property. All prior ownership records are not covered.

Table of Contents

Forms By State

Ownership Types

By more than one (1) individual or entity, there are three (3) types of ownership interest in property:

Joint Tenants (Rights of Survivorship) – If one (1) of the Spouses were to die then the other Spouse would obtain their ownership interest in the Property.

Tenants in Common – Spouses are allowed to sell their ownership interest without the approval of the other and if one (1) of the Spouses were to die the ownership of the property would transfer to the Heirs listed in their Last Will and Testament.

Tenants by the Entirety – Does not allow one (1) Spouse to sell their interest in the property without the other’s consent.

Signing Requirements and Where to Record

In each of the following States, the Grantor(s) only, will have to sign the Deed with the following requirements. After the deed has been completed and signed it is ready to be filed with the Recorder’s Office (in some States it is with the Clerk of Court). Below you can find which office to file the deed in your State.

State Signing Requirements Where to Record
 Alabama 2 Witnesses or a Notary Public ()
 Alaska Notary Public ()
 Arizona Notary Public ()
 Arkansas 2 Disinterested Witnesses and a Notary Public () ()
 California Notary Public ()
 Colorado Notary Public ()
 Connecticut Notary Public and 2 Witnesses () County Recording Office ()
 Delaware Notary Public () , , or
 Florida 2 Witnesses and a Notary Public () County Recording Office ()
 Georgia Notary Public and 2 Witnesses ( & )
 Hawaii Notary Public ()
 Idaho Notary Public () County Recorder’s Office ()
 Illinois Notary Public ()
 Indiana Notary Public () County Recorder’s Office ()
 Iowa Notary Public () County Recorder’s Office ()
 Kansas Notary Public () County Recorder’s Office ()
 Kentucky 2 Witnesses or a Notary Public ()
 Louisiana 2 Witnesses and a Notary Public ()
 Maine Notary Public ()
 Maryland Notary Public ()
 Massachusetts Notary Public ()
 Michigan Notary Public ()
 Minnesota Notary Public ()
 Mississippi Notary Public ()
 Missouri Notary Public ()
 Montana Notary Public ()
 Nebraska Notary Public () County Recorder’s Office ()
 Nevada Notary Public ()
 New Hampshire Notary Public ()
 New Jersey Notary Public ()
 New Mexico Notary Public ()
 New York Notary Public () County Court Clerk’s Office ()
 North Carolina Notary Public ()
 North Dakota Notary Public ()
 Ohio Notary Public ()
 Oklahoma Notary Public ()
 Oregon Notary Public () County Recorder’s Office ()
 Pennsylvania Notary Public () County Recorder’s Office ()
 Rhode Island Notary Public () City/Town Office (varies by area) ()
 South Carolina 2 Subscribing Witnesses or Notary Public ()
 South Dakota 1 Subscribing Witness or Notary Public ()
 Tennessee 2 Witnesses or a Notary Public () County Recorder’s Office ()
 Texas Notary Public () County Register of Deeds ()
 Utah Notary Public () County Recorder’s Office ()
 Vermont Notary Public ()
 Virginia 2 Witnesses or Notary Public ()
 Washington Notary Public () County Recorder’s Office ()
 West Virginia 2 Witnesses or a Notary Public ()
 Wisconsin Notary Public ()
 Wyoming Notary Public ()

How to Write

Step 1 – The writer of the Deed will want to verify with the County Registry to ensure that the Grantor (Seller) is in fact the owner of the Property. When viewing the deed it should detail how the said deed was transferred to the Grantor. It will usually read one of three (3) options: General Warranty, Quit-Claim, or Special Warranty. Barring any setbacks by the Title Insurance Company, it will be the same deed type.

Step 2 – Input the information of the Buyer and Seller or Grantee and Grantor respectively. After the monetary transaction has occurred the deed may be recorded with the County Registry and the transaction has been completed.



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