Nebraska Quitclaim Deed Article

Last Updated: March 9, 2024 by Rukshani Lye

What is a Quitclaim Deed in Nebraska? 

In Nebraska, 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. Quitclaim deeds are a quick way to transfer property but they offer the lowest security among real estate deeds in Nebraska.

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 Nebraska?

The main difference between quitclaim deeds and warranty deeds in Nebraska is that a quitclaim deed provides less security to the Grantee. A warranty deed provides legal protection to the new owner by confirming that the property is free of title issues.  The Grantor assures that they both own the property and have the right to transfer it.

Warranty deeds are mostly used for real estate transactions in Nebraska. 

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How Do Quitclaim Deeds Work in Nebraska?

Laws surrounding quitclaim deeds are found in Chapter 76 of the Nebraska Revised Statutes, titled Real Property.

In Nebraska, a quitclaim deed must clearly state the Grantor’s intention to “quitclaims all right, title and interest” in the property to the Grantee. Terms such as “grant” and “convey” which imply warranty, are avoided.

Once prepared, the quitclaim deed must be filed at the Register of Deeds in the county where the property is located.

Can You Prepare Your Own Quitclaim Deed in Nebraska?

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

Nebraska Quitclaim Deed Requirements

For the quitclaim deed to be legally valid in Nebraska, it must follow certain state-specific rules.

Formatting Requirements

Formatting requirements for quitclaim deeds in Nebraska include:

  1. Paper size between 8.5 x 11 (letter) and 8.4 x 14 (legal).
  2. Paper weight minimum 20lb; white colored only. 
  3. Font size: minimum 8 points.
  4. Text color: must be a dark color (black/blue) clearly reproducible.
  5. Margins: first page must have 8.5 x 3 inches on top for official use; minimum 1-inch margin on all remaining pages and sides.

Content Requirements

Content requirements for quitclaim deeds in Nebraska include:

  1. The Grantor’s name and address.
  2. The Grantee’s name and address.
  3. Return name and address must be below the 3-inch margin on top.
  4. The title “Quitclaim” must be below the 3-inch margin on top.
  5. Property address.
  6. Property’s homestead status.
  7. Property’s legal description.
  8. Granting clause – a statement describing the transfer the parties have agreed to.
  9. Consideration clause – the value or the amount of money exchanged. 

Who Signs a Quitclaim Deed in Nebraska?

For a quitclaim deed to be legally valid in Nebraska, it must be signed by the Grantor. A notary public must acknowledge the Grantor’s signature.

If the Grantor is married and the property is identified as a homestead, both spouses must sign the quitclaim deed. Alternatively, a spousal waiver of homestead rights can be signed and attached. 

How to File a Quitclaim Deed in Nebraska 

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

  1. Prepare the quitclaim deed with the required information.
  2. Real Estate Transfer Statement.
    • A Real Estate Transfer Statement (Form 521) must be submitted at the Register of Deeds when filing the quitclaim deed.
    • The form should be completed and signed by the Grantee.
  3. Certificate of Exemption – Documentary Stamp Tax.
    • If the deed transfer qualifies for an exemption from documentary transfer tax which falls under one of the following categories, a Certificate of Exemption is required to be filed and submitted with the deed. 
    • These transfers, known as Exemption 5b, are as follows:
      • Deeds TO family-owned corporations, partnerships, or LLCs as recipients, with no payment except stock or interest issuance to family members.
      • Deeds FROM family-owned corporations, partnerships, or LLCs as givers, with no payment except stock return to family members during liquidation or dissolution.
  4. If the quitclaim deed is used for a residential real estate transaction, then a Seller Property Disclosure Statement may be required.
  5. Once the quitclaim deed is executed, ensure the Grantor’s signature is acknowledged before a notary public.
  6. Finally, the quitclaim deed must be filed at the Register of Deeds in the county where the property is located.

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

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

                • Fee for recording a deed (first page): $10. 
                • Each additional page: $6.

                What Taxes Are Owed on Quitclaim Deeds in Nebraska?

                In Nebraska, the transfer of property using a quitclaim deed triggers the following tax:

                Nebraska Documentary Stamp Tax:

                • A tax of $2.25 per $1,000 of consideration is levied on the transfer of title to real property.
                • Many transfers that are typically filed using quitclaim deeds are exempt from Nebraska’s documentary stamp tax, including:
                  • Deeds that confirm, correct, modify, or supplement a previously recorded deed without changing existing ownership.
                  • Deeds between family members or within a family corporation, partnership, or limited liability company without monetary exchange.
                  • Deeds related to the partition of property.
                  • Deeds distributing property to heirs or beneficiaries as per a will or intestacy laws.
                • If the transfer is exempt from the Documentary Transfer Tax, the basis of the exemption must be mentioned clearly on the deed.

                  Moreover, 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 Nebraska?

                  The time it takes to record a quitclaim deed in Nebraska varies based on county, however, most Deed offices process the document within a few business days. 

                  What Happens After a Quitclaim Deed is Recorded in Nebraska?

                  Once a quitclaim deed is submitted to the county Register of Deeds, it is first checked to ensure compliance with regulations.  The document is then stamped with the time and date, and assigned an instrument number. Next, the deed is scanned and entered into the state’s database by name, address, legal description, and comments. 

                  Finally, the original deed is mailed back to the address on file. The quitclaim deed will be accessible to the public within a few business days.

                  How Long Are Quitclaim Deeds Valid For in Nebraska? 

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

                  Sources

                  Quitclaim Deed Form in Other States