The Pennsylvania quitclaim deed is a document that the grantor (seller) uses to transfer their property to the grantee (buyer).
With a quitclaim deed, the grantor simply transfers their interests in the property without providing any warranties that they are authorized to transfer it or that there are no other claims against the property. Because of this, a quitclaim deed is mostly used between trusted parties or family members.
The biggest advantage of the general quitclaim deed, however, is its simple form. Compared to other types of quitclaim deeds, the quitclaim deed has the simplest form, which enables the parties to make a fast and simple property transfer without unnecessary formalities.
Quitclaim Deed Important Laws & Requirements in Pennsylvania
Laws & Requirements
Statute: Title 21 § 7
Signing requirements: The grantor's signature must be acknowledged by the notary public. (21 § 42)
Recording: The parties must submit the quitclaim deed to the County Recorder of Deeds for recording.
Recording fees: Around $80 to $100
Additional documents: Seller’s Property Disclosure Statement - When selling residential property, the grantor must issue this statement to notify the grantee of the property’s condition.
When to Use a Quitclaim Deed in Pennsylvania
The features of the quitclaim deed (simple form, lack of warranties) make it suitable for property transfers and other legal activities.
#1. Title Modifications
The Pennsylvania quitclaim deed can be used to make modifications to the property title. The grantor can make changes to clear the title, add or remove people from the title, correct errors in the title, or update the information in it.
#2. Property Transfer
The Pennsylvania quitclaim deed is, however, mostly used for property transfers. The simple form makes the quitclaim deed one of the easiest solutions for property transfer since it doesn’t include many formalities.
On the other hand, the quitclaim deed lacks warranties for the grantee. Therefore, before making the transfer, the grantee should always check the property title to make sure there are no restrictions on the property.
#3. Living Trust Transfer
The grantor can also use the Pennsylvania quitclaim deed to transfer their property from their assets to their living trust. Considering that there is only one person involved in the transaction, there is no need for additional warranties, which makes the quitclaim deed a suitable solution.
How to Create a Quitclaim Deed in Pennsylvania
#1. Fill Out The Form
Firstly, enter the details about the grantor and grantee, such as their full names, mailing addresses, and marital status. If the parties are legal entities, enter their registered names, forms of entities (sole proprietorship, partnership, corporation, or other), mailing addresses, and registration numbers.
#2. Add the “Note Consideration”
The note consideration provides details about the value the grantee owes to the grantor for transferring the property.
The note consideration can be:
Forms of Consideration
Transfer of money
Default on debt
Any other kind of value
The parties can also arrange that they will transfer the property without any consideration. These kinds of transfers are usually done between family members.
#3. Write the Legal Description
This section provides the details that help the parties individualize the transferred property. It usually includes the plot number and property address. In some cases, the parties will also include a description of the property boundaries.
#4. Sign & Get it Notarized
The grantor must sign the Pennsylvania quitclaim deed before the notary public.
#5. File the Quitclaim Deed
The parties must file the quitclaim deed with the office in charge of deed registration.
If the quitclaim deed is not registered, it will be considered void for other purchasers of the property who obtained the property in good faith.
Where to File a Quitclaim Deed in Pennsylvania
In Pennsylvania, the parties must file the quitclaim deed with the County Recorder of Deeds according to the location of the property.