The Georgia quitclaim deed is a document one person, called the grantor, uses to transfer property to another person, called the grantee.
One of the main features of the quitclaim deed, compared to other types of deeds, is that it has a simple form, and the parties usually use it if they want to quickly transfer the property.
However, this simplicity is due to the lack of warranty this deed offers. When signing the quitclaim deed, the grantor transfers all of their interests in the property to the grantee without providing any guarantees that there are no flaws or claims on the property title.
Quitclaim Deed Important Laws & Requirements in Georgia
Laws & Requirements
Recording: The quitclaim deed must be recorded with the Superior Court’s Clerk Office according to the location of the property.
Recording fees: $25.
Additional documents: Form PT-61 must be filed with the quitclaim deed.
When to Use a Quitclaim Deed in Georgia
Due to its unique features, the Georgia quitclaim deed can be used in the following situations:
#1. Title Modifications
The simple form of the Georgia quitclaim deed enables the grantor to modify the information in the property title in an easy and fast way. The quitclaim deed can be used for fixing errors in the property title or updating the information in the title.
#2. Property Transfer
The Georgia quitclaim form is mostly used for property transfers between two parties. Considering the lack of warranties this type of deed provides, however, it is mostly used between family members and for sales transfers between trusted parties.
When transferring the property using the quitclaim deed, the buyer should always check the property title to make sure there are no flaws with it.
#3. Living Trust Transfer
The grantor can use this type of general quitclaim form to transfer the property from their assets to their living trust. Considering that the same person is moving their property, there is no need for warranties, and it is, therefore, perfect to be transferred with the quitclaim deed.
How to Create a Quitclaim Deed in Georgia
#1. Fill Out The Form
Firstly, provide information about the grantor and grantee, namely:
If one of the parties is a legal entity, provide the following:
#2. Add the “Note Consideration”
The note consideration provides information on what the grantee owes to the grantor for transferring the property. The grantee is usually required to pay a certain amount of money to the grantor as a counter value for transferring the property.
However, this can be the discharge of debt, the provision of certain services, or any other kind of counter value for the grantor.
The grantor can also transfer the property to the grantee without any consideration (as a gift).
#3. Write the Legal Description
The legal description of the property enables the parties to differentiate and individualize the property they are transferring. With real estate, the legal description often includes the plot number and the number in the municipal real estate registry.
The easiest way to find the legal description of the property is to look at the property title or previous deed.
#4. Sign & Get it Notarized
The Georgia quitclaim deed should be signed by the grantor and acknowledged by one witness and a notary public.
#5. File the Quitclaim Deed
After drafting and signing the Georgia quitclaim deed, the parties should file it with the relevant body in charge of the registration of such documents.
Where to File a Quitclaim Deed in Georgia
In Georgia, the quitclaim deed should be filed with the Superior Court’s Clerk’s Office for registration.