North Carolina Quitclaim Deed Form

Last Updated: December 2, 2023 by Rukshani Lye

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What is a Quitclaim Deed in North Carolina?

A Quitclaim Deed in North Carolina 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 North Carolina.

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 North Carolina?

The main difference between a quitclaim deed and a warranty deed lies in the level of protection they offer to the grantee on the property’s title. A quitclaim deed does not provide any promises of protection, making it faster but lacking assurance of a valid title. On the other hand, a warranty deed ensures full protection, guaranteeing the property’s freedom from ownership conflicts but involves a lengthier process to verify compliance with local, state, and federal laws.

In North Carolina, quitclaim deeds and non-warranty deeds are used interchangeably. Traditionally, quitclaim deeds have been used between family relationships, while non-warranty deeds are utilized for business purposes.

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How Do Quitclaim Deeds Work in North Carolina?

State law ruling quitclaim deeds can be found in the North Carolina General Statutes, under Chapter 47, Probate and Registration. Quitclaim deeds are one of the ways to communicate the transfer of real property.

The wording in a quitclaim deed must contain specific information, including the terms to which both parties agree. Once the deed is drafted, it must be registered at the Register of Deeds.

Can You Prepare Your Own Quitclaim Deed in North Carolina?

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

North Carolina Quitclaim Deed Requirements

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

Formatting Requirements

Formatting requirements for quitclaim deeds in North Carolina include:

  • Paper size: between 8.5 x 11 to 8.5  x 14.
  • Margins: 3″ top margin on the first page; 0.5″ minimum margins on all sides for all pages.
  • Ink and paper: Black ink on white paper.
  • Font size: Minimum 9 points.
  • Forms can be filled in pen; corrections can be made in pen.
  • Title “Quitclaim” should be on top of the first page.
  • Text should be on one side of each page.

Content Requirements

Content requirements for quitclaim deeds in North Carolina include:

  • The drafter’s full name and address must be on the first page.
  • Grantor and Grantee’s Names and addresses.
  • Address of property.
  • Property legal description.
  • Parcel Identifier number (PIN).
  • Date of transfer.
  • The consideration (if any) paid for the property.
  • A statement confirming the tax status of the deed, including amounts owed, transfer tax, or exemptions, if any.
  • Statement whether the property is or is not the primary residence of the grantor.

Who Signs a Quitclaim Deed in North Carolina?

In North Carolina, quitclaim deeds require a signature from the grantor. The grantor must have their signature authenticated by a notary.

How to File a Quitclaim Deed in North Carolina

Here’s how to file a quitclaim deed in North Carolina:

  1. Once the quitclaim deed is drafted, the grantor must sign the document, ensuring that their signature is validated by a notary.
  2. Submit the completed set of documents, along with the applicable fees, at the Register of Deeds in the county where the property is located.

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

The cost of filing a quitclaim deed at the Register of Deeds in North Carolina begins with a $26.00 recording fee for up to 15 pages.

In addition to the recording fee, the total cost will depend on the county where the deed is to be filed. Most counties charge $64 for the first 35 pages plus $4 for each additional page.

What Taxes Are Owed on Quitclaim Deeds in North Carolina?

In North Carolina, any quitclaim deed where there is a sale of the property, a transfer tax (or “exercise tax”) will be levied at a rate of $1 on each $500.

In addition to transfer tax, Camden, Chowan, Currituck, Dare, Pasquotank, Perquimans, and Washington counties are authorized to charge land transfer tax at the rate of  $1.00 per $100.00 of the property’s value.

Finally, most counties in North Carolina prohibit the registration of a deed that has a tax delinquency.

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 North Carolina?

The length of time to record a quitclaim deed in North Carolina ranges between two weeks to three months.

What Happens After a Quitclaim Deed is Recorded in North Carolina?

In North Carolina, 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 North Carolina?

There is no expiration for quitclaim deeds in North Carolina. However, the statute of limitations for challenging a deed is 3 years from the date the deed was recorded with the county.