Alabama Quitclaim Deed Form

Last Updated: January 24, 2024 by Rukshani Lye

What is a Quitclaim Deed in Alabama?

In Alabama, a quitclaim deed is used to transfer property from an owner (“Grantor”) to a new owner (“Grantee”) without any promises or guarantees about the property’s title or condition. Quitclaim deeds are a quick way to transfer property but they offer the lowest security among real estate deeds in Alabama.

The most common use of quitclaim deeds is between parties with high levels of trust, such as family members or close friends.

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What is the Difference Between a Quitclaim Deed and a Warranty Deed in Alabama?

The main difference between quitclaim deeds and warranty deeds in Alabama is that a quitclaim deed provides less security to the Grantee.

A warranty deed provides legal protection to the new owner because it confirms that the Grantor owns the property and has the right to make a transfer.

Warranty deeds are mostly used for real estate transactions in Alabama. Quitclaim deeds, on the other hand, are used for transfers between family and friends.

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How Do Quitclaim Deeds Work in Alabama?

Laws surrounding quitclaim deeds are found in Title 35 of the Alabama Code, titled Property.

An Alabama quitclaim deed should state that the Grantor “quitclaims” the property to the Grantee. It cannot use terms such as “grant,” “bargain,” or “sell” which are terms typically used in Alabama warranty deeds.

Once prepared, the quitclaim deed must be filed at the Office of the Judge of Probate in the county where the property is located.

Can You Prepare Your Own Quitclaim Deed in Alabama?

You can prepare your own quitclaim deed in Alabama. A professional drafter is not legally required.

The name and address of the individual who drafted the deed, however, must be mentioned under “Prepared by.”

Alabama Quitclaim Deed Requirements

Most formatting standards in Alabama are those that counties have uniformly adopted and standardized throughout the state.

Formatting Requirements

Formatting requirements for quitclaim deeds in Alabama include:

  1. Paper should be between letter (8.5 x 11) and legal size (8.5 x 14).
  2. Font should be a minimum of 10 points.
  3. Text must be legible and photocopiable; typed or printed only.
  4. Leave a 3-inch margin on top of the first page for the recorder.

Content Requirements

Content requirements for quitclaim deeds in Alabama include:

1. Grantor’s name and address.

2. Grantor’s marital status.

3. Grantee’s name and address.

4. The property address.

5. Property’s parcel identification number.

6. Property’s homestead status.

7. Property description.

Use one or more of the following to describe the property:

  • Include section number, township, and range; or use subdivision designation, section number, township, and range.
  • Use metes and bounds or any recognizable description.
  • Use city or town; lot or block number from recorded plat; or metes and bounds or any known description.

8. Consideration clause – the value or the amount of money exchanged.

    Who Signs a Quitclaim Deed in Alabama?

    For a quitclaim deed to be legally valid in Alabama, it must be signed by the Grantor. If the property is listed as a homestead, both spouses must sign the quitclaim deed. Alternatively, a spousal waiver of homestead rights can be signed and attached.

    The Grantor’s signature must be attested to by two witnesses. Alternatively, the Grantor’s signature could be acknowledged by a notary public.

    How to File a Quitclaim Deed in Alabama

    Here’s how to file a quitclaim deed in Alabama:

    1. Prepare the quitclaim deed with the information required.

    2. Ensure that the deed transfer tax amount is paid when it is submitted for recording.

    3. Real Estate Sales Validation form.

    • The Grantor must provide proof of the value of the property, or proof of the purchase price when recording the deed.
    • To satisfy this reporting requirement, the Grantor must complete and submit an Alabama Real Estate Sales Validation Form (Form RT-1).

    4. Once the quitclaim deed is signed, ensure that it is acknowledged by the Grantor before a notary or two witnesses.

    5. File the quitclaim deed and the relevant information at the Office of the Judge of Probate in the county where the property is located.

    How Much Does it Cost to File a Quitclaim Deed in Alabama?

    In Alabama, the minimum charges for filing a quitclaim deed are as follows:

    • The filing and recording fee per page is 3.
    • The additional fee for each name over two is $1.
    • The index charge per instrument is $5.

    However, the actual filing fees charged by counties can vary and are often higher. For instance, in most counties, the fees for recording the first-page range from $16 to $26; each additional page is $3.

    What Taxes Are Owed on Quitclaim Deeds in Alabama?

    In Alabama, property transfers are subject to real estate transfer taxes.

    • The transfer tax rate is $0.50 per $500.
    • The mortgage tax rate is $0.15 per $1,000.
    • The tax is due at the time of recording the deed.

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    How Long Does a Quitclaim Deed Take to be Recorded in Alabama?

    Recording a quitclaim deed in Alabama can vary significantly based on county-specific processes. Typically, it can take anywhere from a few days to a few weeks.

    What Happens After a Quitclaim Deed is Recorded in Alabama?

    If the quitclaim deed is prepared correctly and the necessary documents are included, the Probate Judge’s Office will process the deed and add it to the county’s permanent public record.

    All documents filed with the Probate Judge’s office and any maps or supplemental forms are preserved and maintained.

    How Long Are Quitclaim Deeds Valid For in Alabama?

    There is no expiration for quitclaim deeds in Alabama. However, the statute of limitations to recover property in the state is 10 years.

    Sources

    Quitclaim Deed Form in Other States