how do i get a quit claim deed in georgia

1. Download the GA quitclaim deed form. You can fill out the form digitally or print it and fill it out by hand.
2. Fill out the form. The information includes grantor’s name and address, grantee’s name and address, the county and legal description of the property, any exchange of money for ...
3. Write the delivery address. The name and address where the deed should be delivered once it’s recorded.
4. Write the preparer’s contact information. The name and address of the person who prepared the quitclaim deed.
5. Get the necessary signatures. You need to have the quitclaim deed signed by both parties, two (2) witnesses and notarized by a notary public.
Pay the deed transfer tax. The tax is based on the property value and must be paid to the Georgia Department of Revenue before you can file the ...
File at the Clerk of the Superior Court. The deed should be filed in the county where the property is located to finalize the transfer.

Where do I file a quitclaim deed in Georgia?

After being signed and notarized, a quitclaim deed in Georgia has to be filed in the county where the property is located. Who Uses a Quitclaim Deed?

Can a Quit Claim Deed be used to transfer property?

Quit claim deeds, also called a non-warranty deeds, are sometimes used to transfer property as well as clear titles. Sellers tend to be more willing to transfer property through quit claim deeds. However, quit claim deeds offer no warranty that the grantor owns or has any rights to transfer the property.

Do you need a witness to fill out a quitclaim deed?

According to Georgia’s laws, there are no restrictions for filling out the form, and even the person who does not have legal rights on the subjects might complete it. Georgia Quitclaim Deed Form must be signed by the giver and the receiver. Two witnesses and the notary must be present at the moment of signing.

Why do I need a Georgia attorney for a claim deed?

However, it’s always best to expect the unexpected – and with that in mind, a Georgia attorney can help make sure this type of legal document serves your needs and if it is the best solution for your property. A Trusted Advisor for Claim Deeds 

How much does a quit claim deed cost in Georgia?

Moving ForwardType of DocumentPrior Fee Structure*New FeeDeed of Transfer (e.g., Limited Warranty Deed, Quitclaim Deed)$10.00 for the first page, $2.00 for each add'l page$25.00Security Instrument or Modification of Security Instrument (e.g., Security Deed, ALR)$10.00 for the first page, $2.00 for each add'l page$25.006 more rows•Jun 11, 2019

Where do I get a Georgia quit claim deed?

The completed quitclaim deed form must be submitted to the Georgia Clerk of County, where the property is located. Since each county has its own requirements, there may be additional steps depending on your specific circumstances. Contact the County Clerk or a local lawyer to discover more.

How do I do a quit claim deed?

How to File a Quitclaim DeedObtain a quitclaim deed form. Your very first step is obtaining your quitclaim deed. ... Fill out the quitclaim deed form. ... Get the quitclaim deed notarized. ... Take the quitclaim deed to the County Recorder's Office. ... File the appropriate paperwork.

Who signs a quit claim deed in Georgia?

The GrantorThe Grantor must sign the Quitclaim Deed before one witness and a notary public. Once the Grantee receives the QuitClaim Deed from the Grantor the Grantee must file the Deed with the real estate clerk of the Superior Court in the county in which the property is located.

Are quit claim deeds legal in Georgia?

You can, indeed, transfer your interest in a piece of real property to another person or entity with a quit claim deed in Georgia.

What is the purpose of a quit claim deed?

A deed in which a grantor disclaims all interest in a parcel of real property and then conveys that interest to a grantee. Unlike grantors in other types of deeds, the quitclaim grantor does not promise that his interest in the property is actually valid.

What are the disadvantages of a quit claim deed?

No guarantees to the new owner: Unlike a warranty deed, a quitclaim deed does not guarantee that a property is free from title defects such as tax liens or title claims from third parties. For this reason, it is a poor legal instrument to use when selling a piece of property for cash considerations.

In which of the following situations could a quitclaim deed not be used?

In which of the following situations could a quitclaim deed NOT be used? c. The answer is to warrant that a title is valid.

Can someone sell a house if your name is on the deed?

You can only sell the house without consent from your spouse (this includes civil partnerships) if they are not joint owners. If you are the only person named on the official copies or title deeds for the property then you are the sole owner and you would not fall into this category.

How do you transfer ownership of a house in Georgia?

Here are the steps to completing a deed transfer in Georgia:Names the Current Owner and New Owner.Contains a Description of the Property.Signed by Current Owner.Two Witnesses: Unofficial Witness & Notary Public.Complete a PT-61, Transfer Tax Form.Record Deed in County Real Estate Records.

How do I file a quiet title in Georgia?

(1) The filing party must own/hold title. (2) There must be a cloud against the filing party's title. (3) For conventional quiet titles, the action must be filed in the Superior Court in the county where the adverse party lives.

What makes a deed valid in Georgia?

For a deed to be recorded, Georgia law requires that it be signed by the maker (grantor) and attested by at least two (2) witnesses. O.C.G.A. Section 44-5-30. A deed is attested when two or more natural persons see the maker sign the deed and they "attest" to the fact by signing the deed as witnesses.

How do you transfer ownership of a house in Georgia?

Here are the steps to completing a deed transfer in Georgia:Names the Current Owner and New Owner.Contains a Description of the Property.Signed by Current Owner.Two Witnesses: Unofficial Witness & Notary Public.Complete a PT-61, Transfer Tax Form.Record Deed in County Real Estate Records.

What makes a deed valid in Georgia?

For a deed to be recorded, Georgia law requires that it be signed by the maker (grantor) and attested by at least two (2) witnesses. O.C.G.A. Section 44-5-30. A deed is attested when two or more natural persons see the maker sign the deed and they "attest" to the fact by signing the deed as witnesses.

Is Georgia a deed state?

In the State of Georgia, the instrument used to secure a debt on property is called a "Deed to Secure Debt" or "Security Deed." Under Georgia law, the lender is deeded the property, but in a lesser form of a deed that becomes activated if the borrower defaults in some way.

How do you add a name to a deed in Georgia?

Adding names to a property deed can be achieved by completing and submitting a quit claim deed. A quit claim deed legally transfers the ownership of property to another individual. The person who is giving away the property is called the grantor, and the individual who is accepting the property is called the grantee.

What is quit claim deed in Georgia?

A quit claim deed in Georgia transfers the seller’s (grantor) interest in a property over to a buyer (grantee). However, it gives none of the guarantees that might be found in another type of deeds.

What is the fastest way to transfer a quit claim deed?

Transferring a quitclaim deed is often the fastest and easiest method for one entity to transfer property to another. Basically, it allows the owner of business property (the grantor) to transfer that property to another company or individual and a homeowner to transfer property to a family member with less fuss.

How many witnesses are needed for a quitclaim deed in Georgia?

Quitclaim deeds where one entity wants to transfer property to another have to be in writing, signed by the grantor and two witnesses who can’t be people who are parties to the quitclaim deed. According to the Georgia Law ( O.C.G.A. 44-5-30 ), these are the minimum requirements for quitclaim deeds conveying real estate. One of the witnesses may be an official or the notary who acknowledges the grantor’s execution of the document.

Why do most purchasers want a quitclaim deed?

Most purchasers desire this type of legal document from the seller because this limits risk and provides security. There are scenarios, however, where a seller is just ready to supply a quitclaim deed.

What is a deed for a residential property?

A residential or commercial property deed is a written and signed legal document that is utilized to move ownership of real estate from a previous owner (the grantor) to a new owner (the beneficiary or grantee). This legal form is fairly common, and most real estate agents are experienced in dealing with it.

Why use a transfer on death deed?

Using a transfer on death deeds or a beneficiary deeds can help avoid issues that may lead to probate court. Hire an attorney familiar with the various deeds, including quit claim deeds to navigate what can be a complicated topic.

Is there a time limit for recording a quit claim deed in Georgia?

Although there is no time limit for recording a Georgia quitclaim deed, fail ing to do so can result in potential problems. For example, if the grantor conveys a real estate to one grantee who doesn’t record the quitclaim deed, and to the other grantee who does, the first grantee loses the property. The burden of recording is placed on the grantee in Georgia, so by recording the quitclaim deed after execution, the grantee protects the interests of all parties involved in the process and makes the ownership history clear.

What is a Quit Claim Deed?

Quit claim deeds contain no such promises, to the extent that you could even attempt to transfer real estate that you do not own. As such, no one paying a fair price for real estate will generally accept a quit claim. It is commonly used in family transactions, such as transferring ownership to an ex-spouse as part of a divorce settlement. If you transfer a property by quit claim deed, it goes with all mortgages and liens attached, including judgment liens and property tax liens. Because a quit claim deed doesn't transfer clear title, and because there's no sale of property or real money changing hands, the transfer goes forward without a title company and without a closing.

How to notarize a deed in Georgia?

Take the notarized deed to the clerk of the court representing the city or county where the property is located. If you live in a place other than where the property is located, you will have to travel to the appropriate county clerk's office. The clerk's office will tell you what is due upon filing; this amount will include actual filing fees as well as transfer taxes, if you are required to pay them. If you are charging for the property, you will have to file transfer tax forms along with the filing of your quit claim in Georgia. The clerk of the court will inform you if you need to pay transfer tax and if so, what amount you need to pay. Recording the deed with the county puts other people on notice that the property has been transferred and that the owner is now the transferee.

How to get a blank deed of record?

It's best to obtain a blank deed from your city or county clerk of the court, because you can be sure the form template is approved and contains all the correct legal language. You can download one from the county's website, and you can either fill it out electronically or print it and complete it manually. You should also request a current copy of the property's legal deed of record. You'll need that as you complete the property description on the quit claim.

What happens if you transfer a property by quit claim deed?

If you transfer a property by quit claim deed, it goes with all mortgages and liens attached, including judgment liens and property tax liens. Because a quit claim deed doesn't transfer clear title, and because there's no sale of property or real money changing hands, the transfer goes forward without a title company and without a closing.

What happens when you quit a claim?

With a completed quit claim, the seller's ownership interest is transferred to the buyer. Filing the quit claim isn't mandatory for it to be legal, but it does provide the seller with protection that he might not otherwise have. Local governments in the state are set up to accommodate this type of do-it-yourself filing, ...

What is interspousal grant deed?

What Is an Interspousal Grant Deed? The state of Georgia allows you to transfer ownership of a property through a quit claim deed. Filing one is a relatively simple process of downloading, filling out and filing a short form. With a completed quit claim, the seller's ownership interest is transferred to the buyer.

What happens if you don't sign a quit claim?

After you fill out the quit claim, have the signature – or the signature of the seller or grantor, if it's not you – witnessed and notarized. The clerk's office will not accept the form if the grantor's signature is not notarized.