A Georgia quitclaim deed transfers any ownership interest a grantor holds in a property to a grantee without providing warranties of title. It is commonly used in situations like divorce, family transfers, or placing property into a trust. To be valid, the deed must include the grantor’s signature, be witnessed by two individuals, and one must be a notary public. It must then be filed with the Superior Court Clerk.
Author: Paul Black
Paul’s experience as the son of two parents with big health challenges is what led him to the work he does today and gives him first-hand knowledge of the challenges that many caregivers and family members face. After graduation from GSU Law, Paul was chosen from dozens of applicants nationwide as one of three 2010-2011 Borchard Foundation Law & Aging Fellows. Paul has been named as a SuperLawyers “Rising Star” in the area of Estate Planning and as a member of Georgia’s “Legal Elite” by Georgia Trend magazine. Published on: March 9, 2020. Last updated on: April 10, 2026.
What is a Quit Claim Deed in Georgia
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A Georgia quitclaim deed is a legal document that transfers any interest a person, called the grantor, has in a property to another person, called the grantee, without any guarantees about the title’s validity. This type of deed is often used in low-risk situations, such as transfers between family members, during divorce, or when fixing ownership details in public records.
What Are the Features of a Georgia Quitclaim Deed
- No Guarantees of Title: A quitclaim deed does not confirm that the grantor owns the property or that it is free from liens or other title issues.
- Commonly Used Between Known Parties: These deeds are often used in low-risk situations, such as transfers between family members, during divorce, or when placing property into a trust.
- Legal Requirements: The deed must contain a complete legal description of the property, be signed by the grantor, witnessed by two people, and notarized.
- Filing Process: The deed must be recorded with the Superior Court Clerk in the county where the property is located.
- Potential Risks: If the grantor has no valid ownership interest, the grantee receives no rights to the property and cannot pursue a legal claim for title.
Before using a quitclaim deed, it may be helpful to obtain title insurance to confirm ownership and identify any title issues. You may also consider speaking with a Georgia real estate attorney to ensure the deed is handled properly.
What a Quitclaim Deed Georgia Does
Transferring a quitclaim deed is often the fastest and easiest method for one entity to transfer property to another. Basically, it allows the owner of business property (the grantor) to transfer that property to another company or individual and a homeowner to transfer property to a family member with less fuss. It is a process to stop the grantor’s interest in the property; thus, the name “quit claim.”
Generally, a grantor must guarantee that the title to the real estate is free and clear without any liens or additional owners who may block the sale, etc. A quitclaim, on the other hand, can be offered even if the grantor has no right to sell the property, which would leave the grantee without recourse.
Quitclaim deeds where one entity wants to transfer property to another have to be in writing, signed by the grantor and two witnesses who can’t be people who are parties to the quitclaim deed. According to the Georgia Law (O.C.G.A. 44-5-30), these are the minimum requirements for non-warrant deeds conveying real estate. One of the witnesses may be an official or the notary who acknowledges the grantor’s execution of the document.
Information about the value that would be given in exchange for the real estate is also information a quitclaim deed should contain, as well as the full names of grantees and grantors and a comprehensive legal description of the land.
After being signed and notarized, a quitclaim deed in Georgia has to be filed in the county where the property is located.
Who Uses a Quitclaim Deed Form?
Since these deeds offer no security, they are typically conducted for deeds moving between really close individuals. Business partners, family members, and even spouses who are divorcing often use this method for transferring property.
A quitclaim deed in Georgia can also transfer property from or to a revocable living trust, transfer property one party owns into co-ownership, and transfer interests from one co-owner to another.
In these cases where both partners, the grantor, and the grantee, understand the other’s interest in the property and the status of the title, a quitclaim can be the easiest method to move ownership. However, it’s always best to expect the unexpected – and with that in mind, a Georgia attorney can help make sure this type of legal document serves your needs and if it is the best solution for your property.
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Correcting Errors with Quitclaim Deeds
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Quitclaim deeds can be an efficient solution for resolving errors on existing property deeds. These documents can be used to fix issues such as incorrect names, missing signatures, or mistakes in the legal description of the property.
For example, if a name was misspelled on a previous deed, or if a signature was omitted during the initial transfer, a quitclaim deed can be executed to make these corrections without the need for a lengthy legal process.
Similarly, an incorrect or incomplete legal description of the property, which could impact future transactions or ownership rights, can also be rectified through a quitclaim deed.
Once the deed is signed and notarized, it should be filed with the appropriate county office, ensuring the public record is updated with accurate information. This process can save time and effort for those needing to resolve minor but important deed-related issues.
Warranty Deed vs Quit Claim Deed
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Since people want to make the right choice for their particular situation, they may want to look at a warranty deed vs. a quitclaim transferral. Although a basic guarantee deed is typical, other deeds, such as limited warranty deeds and quitclaim deeds, also satisfy this task. A qualified Georgia estate planning lawyer can help clarify the difference.
Warranty Deed
A warranty deed moves most residential and commercial property transferred in Georgia. As its name suggests, this legal form transfers the title and offers promises or warranties relating to its validity. The seller guarantees that he owns the home or the property free and clear and that nothing would interfere with the transference of ownership.
Most purchasers desire this legal document from the seller because this limits risk and provides security. There are scenarios, however, where a seller is just ready to supply a quitclaim deed.
Quit Claim Deeds
When the ownership of a property is less than clear, such as the homeowner shares ownership with one or more other individuals, the grantor releases or quitclaims their claim in the property to the grantee. Since this type of transfer is often conducted between older people and their descendants, hiring a lawyer familiar with providing resources for Georgia seniors and their families can be crucial.
With a quitclaim, the grantor can not guarantee the quality of the title, which increases the risk to the grantee. The deed clarifies this using phrases like, “The Grantor makes no guarantee, express or implied, regarding the title of the property described herein.”
A Georgia quitclaim deed only transfers ownership of the real estate or property and offers no protection or guarantee to the grantee if the grantor isn’t honest about the property.
Warranty Deed Georgia Facts
Warranty deeds require a clear title throughout the life of the property. A limited warranty only requires the residential or commercial property to have a clear title from when the seller got it to the point of sale to the purchaser.
For this reason, a warranty deed includes phrases such as “grantor permanently warrants and protects the title to the beneficiary and his successors.” This ensures that, under those guarantees, a purchaser who sustains a loss due to ownership-related problems that existed before the warranty deed has settlement options.
Using a transfer on death or beneficiary deeds can help avoid issues that may lead to probate court. Hire an attorney familiar with the various deeds, including quit claim deeds, to navigate a complicated topic.
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How to Get a Georgia Quit Claim Deed
Questions About a Quitclaim Deed Form in GA?
Quick Claim Deed Ga
While you will not require an attorney for this legal form, it must be signed, and a notary public will be required to notarize the signatures of both parties, the grantor and the grantee. This verifies that both individuals signing the form are who they represent themselves to be.
If you consult an attorney to ensure this is your best option, research your options. Look at websites and read the About Paul page to determine whether the award-winning Law Office of Paul Black is the right counselor for a quitclaim deed.
How To File A Quit Claim Deed
Now that you know what it is, you probably want to know how to file a quitclaim deed. The process consists of several straightforward fields. Once the form is completed, it must be signed, witnessed, and notarized in the following manner.
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Grantor prints and signs their name and prints their full address
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Witnesses print and sign their names and print their full address
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Notary Public documents the county, date, present parties, Notary Public Number, Commission Expiration, and Notary Seal
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Contact the Georgia County Clerk for that county to determine what fees and transfer taxes are required
All documents regarding transferring property and changing how the property is titled have to be recorded. The clerk of the superior court office in the county where the property is located is in charge of recording.
Although there is no time limit for recording a Georgia quitclaim deed, failing to do so can result in potential problems.
For example, if the grantor conveys real estate to one grantee who doesn’t record the quitclaim deed and to the other grantee who does, the first grantee loses the property. The burden of recording is placed on the grantee in Georgia, so by recording the quitclaim deed after execution, the grantee protects the interests of all parties involved in the process and makes the ownership history clear.
The completed quitclaim deed form must be submitted to the Georgia Clerk of the County where the property is located. Since each county has its own requirements, additional steps may be required depending on your circumstances. Contact the County Clerk or a local lawyer to discover more.
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Benefits and Limitations of a Quitclaim Deed in Georgia
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While a quitclaim deed in Georgia can be a simple and efficient way to transfer property between family members, it is important to understand its benefits and limitations. Some of the benefits include:
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Quick and easy process: Unlike other deeds, a quitclaim deed does not require an extensive review of the property’s title history and can be completed relatively quickly.
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Cost-effective: A quitclaim deed typically has lower filing fees than other deeds, making it a cost-effective option for transferring property ownership.
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Flexibility in transfer: Quitclaim deeds can be used to transfer partial ownership, making it a useful tool for co-owners to transfer their interests to each other.
However, there are limitations to using a quitclaim deed in Georgia:
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No guarantee of ownership: As mentioned earlier, a quitclaim deed does not provide any guarantees or warranties about the property’s title or history. This means that if issues arise with the property after the transfer, the grantee may not have legal recourse.
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Not useful for commercial property: Quitclaim deeds are typically used for residential property transfers and may not be suitable for commercial or investment properties.
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Potential tax implications: A quitclaim deed transfer may trigger real estate transfer taxes depending on the circumstances. It is important to consult with a lawyer or tax professional before completing a quitclaim deed to understand potential tax implications.
Where to Get a Quit Claim Deed Form Georgia
To start the process, find a Georgia quit claim deed form here. If you do not understand how to transfer property or are unsure about the status of the property, that may not be the best option. Warranty deeds offer more security and are another good option. A reputable attorney can provide more information.
Georgia Quit Claim Deed Form Legal Advice
Although filling out a Georgia quit claim deed form is simple, the decision may require some consideration. To better plan your commercial or residential property transferral, retain the service or request a free initial 15-minute phone call from a local law office. Contact the expert lawyers at The Law Office of Paul Black before deciding.
Frequently Asked Questions: Quitclaim Deeds in Georgia
What is a Georgia quitclaim deed?
A quitclaim deed is a legal document used to transfer whatever interest a person has in a property to someone else. Unlike other deeds, it provides no guarantees or warranties that the title is clear or that the person transferring the property actually owns it.
What are the requirements for a quitclaim deed to be valid in Georgia?
The deed must be in writing and include a full legal description of the property. It must be signed by the grantor and witnessed by two people who are not parties to the deed. One of these witnesses must be an official, typically a notary public.
Where do I file a quitclaim deed in Georgia?
After the document is signed and notarized, it must be recorded with the Clerk of the Superior Court in the county where the property is located. Filing the deed ensures the transfer is part of the public record and protects the grantee’s interest from future claims.
How long do I have to record a quitclaim deed?
Georgia law does not set a strict deadline for recording a deed. However, failing to record it promptly can lead to serious risks, such as another person claiming ownership if the grantor transfers the same property to a different party who records their deed first.
Does a quitclaim deed transfer a mortgage?
No. A quitclaim deed only transfers ownership interest in the physical property. It does not remove the grantor’s name or financial responsibility from an existing mortgage or loan associated with that property.
