(Note: some counties might also have their own required transfer tax affidavit, and require you to fill it out regardless of whether you owe a local transfer tax or not.). Our goal is to be an objective, third-party resource for everything legal and insurance related. All deeds have several features, including the name of the grantor and grantee, the legal description and address of the property, and the grantor's notarized signature. One of the main reasons that quitclaim deeds and other property deeds have the sellers or owners signature sworn before a notary public is to prevent or minimize fraud in real estate transactions. Once everyones signed the form, record the deed with the nearest county recorder to the propertys location. Learn more about quitclaim deeds and how to use them. A quitclaim deed is a common deed and is used by a grantor in order to transfer its interest in real property. This doesnt influence our content. Call the county recorder to find out if there is a city transfer tax that might apply to your transfer. the notarization of real estate deeds. In legal terms, this is called symbolic consideration or nominal consideration. Notarizing deeds ensures that an individuals claim to a property is verified and protected. In fact, all forms of deeds, including quitclaim deeds, must be notarized for the transfer of title to take effect. So, a deed, including warranty deeds and grant deeds, must always be notarized by a notary public and filed in the public records, usually with the county clerks office; it may also need to be witnessed. This article was co-authored by Clinton M. Sandvick, JD, PhD. If there is an applicable tax, you'll enter the amount owed on the deed, and you will need to pay it when you record your deed. The signer must be present before you in order for you to perform the notarization. Jeffrey Johnson is a legal writer with a focus on personal injury. Anyone can give someone a quitclaim deed, but if the grantor doesn't actually own the property, the deed is worthless. Terms of Use and Research source. She does family Notarizing officers at U.S. Embassies and Consulates require There is a The grantor can only give you what he owns, so if he owns half of the property, he can only convey his half. You will be happy to know that US states that allow remote online notarization 2022 include Arizona, Colorado, and many others. We are not a law firm and do not provide legal advice. We strive to help you make confident insurance and legal decisions. You can use a quitclaim deed to perform tasks such as: A quitclaim deed conveys whatever interestif anyyou have in the property. Don't try to deed property to a group, such as "to my children." Spouse B executes a quitclaim deed to transfer all of their interest in the property to Spouse A. This simple document may help you to simply and inexpensively avoid probate for real estate. For this reason, the easiest thing to do is find a form with the county recorder. You can also visit LawHelpCalifornia.org, which helps people with low or moderate incomes find legal information and legal aid programs. If this applies to you, you might want to check with the clerk to see if you need a separate declaration of exemption. Quitclaim deeds must be notarized and filed with the county recorder or assessor's office. If not, the grantee shouldn't accept a quitclaim deed. Once this is done, the document is official. wikiHow marks an article as reader-approved once it receives enough positive feedback. Among the most commonly used and popular instruments are quitclaim deeds and grant deeds. As in other states, a quitclaim deed in California comes with filing costs, which vary by county. This instrumentshould be filed with the local recorders office. Copyright 2023 MH Sub I, LLC dba Nolo Self-help services may not be permitted in all states. "This was a very helpful site, it took me step by step through the process. A deed is required every time a piece of real estate, such as residential or commercial property, changes hands. Quitclaim Deeds are not usually used to to transfer property from a buyer to a seller as Grant Deeds are a much more common form of official property transfer .