Georgia Quitclaim Deed Form

Last Updated: December 2, 2023 by Rukshani Lye

Georgia Quitclaim Deed Template_1 on iPropertyManagement.com
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Last Updated: December 2, 2023 by Rukshani Lye

What is a Quitclaim Deed in Georgia?

A Quitclaim Deed in Georgia is a quick method of transferring property ownership. It allows the property owner (“Grantor”) to transfer their interests in the property to a new owner (“Grantee”). Quitclaim deeds are a quick way to transfer property, yet, they provide the lowest level of security among real estate deeds in Georgia.

The most common use of quitclaim deeds is between two 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 Georgia?

The main difference between a quitclaim deed and warranty deeds in Georgia lies in the level of protection they offer to the Grantee over the property’s title.

Georgia offers two types of warranty deeds: General warranty deeds and Limited warranty deeds.

1. General Warranty Deed

In Georgia, a general warranty deed provides complete assurance from the current owner that the deed is free from issues.

2. Limited Warranty Deed

A limited warranty deed (also known as a “Special Warranty Deed”) is an assurance from the current owner that there have been no issues with the title during their period of ownership.

A quitclaim deed does not provide any assurances that the deed is free from defects. Both general warranty and limited warranty deeds in Georgia provide some assurance that the property does not have conflicts in ownership. A quitclaim deed, on the other hand,  will only transfer the owner’s interest in the property.

note
In Georgia, a quitclaim deed is also known as a “Non-Warranty Deed”

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How Do Quitclaim Deeds Work in Georgia?

State law ruling quitclaim deeds can be found in the Georgia Code, under Title 44, Property. Quitclaim deeds are one of the ways to communicate the transfer of real property.  In Georgia, a quitclaim deed must contain specific information, including the terms to which both parties agree.  Once drafted, the deed should be registered with the Clerk of the Superior Court.

Can You  Prepare Your Own Quitclaim Deed in Georgia?

A professional drafter is not legally required in Georgia. If a drafter does prepare the document, their name and address must be included in the deed.

Georgia Quitclaim Deed Requirements

There are multiple requirements for formatting and content that need to be included in a quitclaim deed in Georgia

Formatting Requirements.

Formatting requirements for quitclaim deeds in Georgia include:

  • The deed should be on 8 1/2 inch by 11 inches or 8 1/2 inch by 14-inch paper or the digital equivalent.
  • There should be a three-inch margin at the top to allow space for official use.

Content Requirements

Content requirements for quitclaim deeds in Georgia include:

  • Grantor’s name and address
  • Grantee’s name and address.
  • The title “Quitclaim” is noted below the 3-inch margin.
  • Date of execution.
  • Tax Parcel Identification Number.
  • The property’s address.
  • Detailed property description, including pins, markers, metes, and bounds.
  • Consideration clause (the amount of money exchanged)
  • Granting clause (statement describing the transfer the parties have agreed to)
  • The return name and address should be atop the first page under ‘Return To’.

Who Signs a Quitclaim Deed in Georgia?

The Grantor must sign the deed in the presence of two witnesses. One of these two witnesses must be an “official witness” who is almost always a notary public.

How to File a Quitclaim Deed in Georgia

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

  1. Prepare the quitclaim deed with the information required.
  2. Ensure the Grantor signs the quitclaim deed in the presence of two witnesses, including one official witness.
  3. If the quitclaim transfer qualifies to pay a transfer tax, the payment must be made at the superior court clerk where the deed is recorded. Unless the deed qualifies for an exemption, the tax must be paid in order to be recorded.
  4. File the original deed at the county’s Superior Court Clerk‘s office where the property is situated.
  5. The quitclaim deed is fully executed upon delivery to the Grantee, who becomes legally bound by its terms upon acceptance, even without signing it.

warning
In Georgia, if a quitclaim deed is not recorded, it can lose priority to a recorded transfer that takes place later. Georgia’s law will accept the later deed if the new buyer (Grantee) can show that they were unaware of the previous transfer.

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

The cost to file a quitclaim deed in Georgia is $25 per document.

What Taxes Are Owed on Quitclaim Deeds in Georgia?

In Georgia, the purchase of property using a quitclaim deed triggers three separate taxes:

  1. Transaction Tax: State transaction tax is calculated on the property’s sale price at the rate of $1 for the first $1,000 (and 10 cents for each extra $100) County Transfer Tax.
  2. Intangibles Tax: An intangible tax is imposed on long-term property loans at a rate of $1.50 per five hundred ($3.00 per thousand) based upon the borrowed.
  3. Georgia Residential Mortgage: This tax is a $10 fee due at the closing of each mortgage loan transaction. The loan agent will collect and pay the amount to the Georgia Department of Banking and Finance.

In Georgia, a number of transfers that are generally filed under quitclaim deeds are tax-exempt, including:

  1. Instruments securing debt.
  2. Deeds of gift.
  3. Transfers between divorcing spouses.
  4. Property transfers by specific legal roles without value exchanged.
  5. Property division among joint owners without other exchange.

Finally, federal taxes such as Gift Tax and Capital Gains Tax may also be applicable.

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

The length of time to record a quitclaim deed in Georgia varies greatly depending on the processes, procedures, and population of each county. For example, Clayton County takes two to three weeks to record a deed.

What Happens After a Quitclaim Deed is Recorded in Georgia

In Georgia, once the quitclaim deed is signed and filed, the county will process the document, creating a public record of the transfer of ownership.

If the deed is clear of any previous filings, a public record of the transfer of the property’s ownership will be made official.

How Long Are Quitclaim Deeds Valid For in Georgia?

There is no expiration for quitclaim deeds in Georgia. However, the statute of limitations for challenging a deed in Georgia is 6 years from the date the deed was recorded with the county.

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