To file a quitclaim deed in Alabama, you draft the deed with the grantor and grantee names, legal description, consideration, and preparer information; sign it before a notary (with your spouse’s signature added if the property is your homestead); then record it at the probate court in the county where the property is located, paying the recording fees and Alabama’s $0.50-per-$500 transfer tax at the counter.
The mechanical steps are simple. The mistakes that cost people money usually happen before or after the filing itself, so work through the requirements in order.
Gather the Information the Deed Must Contain
A probate office will reject a deed that’s missing required elements, so pull these together before you start drafting.
- Full legal names and current mailing addresses for every grantor and grantee. Alabama probate offices refuse to record instruments that lack this.1Alabama Legislature. Alabama Code 45-2-83.20 – Names and Addresses of Grantors and Grantees Required
- The property’s full legal description. A street address is not enough. Pull the most recent recorded deed from the county probate records and transcribe the legal description exactly, including any lot and block numbers, survey references, or metes and bounds. Copying errors here can mean the deed doesn’t transfer what you intended.
- The consideration. This is what the grantee is giving in exchange. For family transfers or gifts, a nominal recital such as “$1.00 and other good and valuable consideration” or “love and affection” is standard.
- The grantor’s marital status. Alabama’s homestead rules make this material, so the deed should say whether the grantor is married, single, or widowed.
- The name and address of the person who prepared the deed. Alabama requires this on the document.
Format and Draft the Deed
Alabama counties require deeds printed on paper no smaller than 8.5 by 11 inches, using at least 10-point font, with a blank 3-by-3-inch space in the upper right corner of the first page for the recording stamp. A deed that doesn’t meet these formatting standards can be refused at the counter.2Houston County, Alabama. Recording Requirements – Section: Formatting Requirements
The body of the deed identifies the grantor and grantee, states the consideration, contains a granting clause that “remises, releases, and quitclaims” the grantor’s interest to the grantee, and sets out the legal description. That quitclaim language is what tells the world you are transferring only whatever interest you happen to have, with no promises about the state of the title.
Sign Before a Notary
Every grantor must sign the deed. Alabama law requires at least one witness to attest to a conveyance, but a proper notarial acknowledgment satisfies that requirement, which is why nearly every recorded deed is notarized rather than witnessed separately.3Alabama Legislature. Alabama Code 35-4-20 – Conveyance Required to Be in Writing; Signature; Attestation by Witnesses The notary must use the acknowledgment form set out in the Alabama Code.4Alabama Legislature. Alabama Code 35-4-29 – Form of Acknowledgment Notarization also makes the deed eligible for recording, so this step does double duty.
If the Property Is Your Homestead, Your Spouse Must Sign
This is the trap that voids more Alabama quitclaim deeds than any other. If the property being transferred is the grantor’s homestead and the grantor is married, the spouse must also sign the deed and appear before the notary, even if the spouse’s name is not on the title. Under Alabama’s homestead statute, no conveyance of a homestead by a married person is valid without the voluntary signature and acknowledged assent of the other spouse.5Alabama Legislature. Alabama Code 6-10-3 – Homestead Exemption – Alienation by Married Person A deed missing that acknowledged signature is void. If you’re married and transferring your home, bring your spouse to the notary appointment.
Record the Deed at the County Probate Court
Take the signed and notarized deed to the probate court in the county where the property sits. Most counties will accept it in person or by mail. You pay recording fees and the state transfer tax at the time of filing, and the original deed is usually returned to the grantee after processing.
Recording Fees
Fees vary by county but typically include a base filing charge, a per-page charge, and a small additional charge for each name beyond the first grantor-grantee pair. A simple one-page quitclaim deed usually runs between $10 and $25 in recording costs before transfer tax. Call the county probate office for the exact figures where you’re filing.
Alabama Transfer Tax
Alabama charges $0.50 for every $500 of property value conveyed, or any fraction of $500. A deed transferring a $150,000 property produces $150 in transfer tax. The taxable value is reduced by any outstanding mortgage on which the mortgage recording tax has already been paid, so the actual bill may be less than a straight market-value calculation.6Alabama Legislature. Alabama Code 40-22-1 – Deeds, Bills of Sale, Etc.
Exemptions are narrow. Deeds executed for nominal consideration solely to perfect an existing title, and re-recorded instruments correcting errors, are not subject to the tax. There is no general exemption for family transfers or gifts, which surprises people using quitclaim deeds for estate planning.6Alabama Legislature. Alabama Code 40-22-1 – Deeds, Bills of Sale, Etc.
Why You Should Record Promptly
Recording is not technically required for the transfer to be effective between the grantor and grantee. But under Alabama’s recording statute, an unrecorded deed is inoperative and void against later purchasers for value, mortgagees, and judgment creditors who had no knowledge of the transfer.7Alabama Legislature. Alabama Code 35-4-90 – Conveyances of Real Property Generally In practical terms, if you sit on the deed, the grantor could sell the same property to someone else who records first, and you would lose. Record the day you can.
The Mortgage Doesn’t Go With the Deed
A quitclaim deed transfers ownership of the property. It does nothing to a mortgage on that property. If the grantor’s name is on the loan, the grantor stays personally liable for every payment after signing the deed, because the loan is a separate contract with the lender. The only ways off the mortgage are refinancing or a written release from the lender.
Watch the Due-on-Sale Clause
Most mortgages contain a due-on-sale clause that lets the lender demand the full remaining balance if the property changes hands. Recording a quitclaim deed can trigger it.
Federal law shields several common quitclaim scenarios on residential property with fewer than five units. Under the Garn-St. Germain Act, the lender cannot enforce a due-on-sale clause for:
- A transfer where the borrower’s spouse or children become owners.
- A transfer resulting from a divorce decree, legal separation agreement, or property settlement.
- A transfer into a living trust where the borrower remains a beneficiary and continues to occupy the property.
- A transfer resulting from the death of a joint tenant, or to a relative after the borrower’s death.
If your situation doesn’t fit one of those protected categories, call the lender before you record. Having a loan called due after a surprise transfer is a costly problem to unwind.
Federal Gift Tax and IRS Form 709
When a quitclaim deed transfers property for less than fair market value, the IRS treats the difference as a gift. The 2026 annual gift tax exclusion is $19,000 per recipient.9Internal Revenue Service. Frequently Asked Questions on Gift Taxes Most real property is worth well more than that, so quitclaim gifts of a home or land almost always require the grantor to file IRS Form 709 by April 15 of the year following the transfer.10Internal Revenue Service. Instructions for Form 709 (2025)
Filing Form 709 doesn’t necessarily mean tax is owed. The excess above $19,000 counts against the grantor’s lifetime gift and estate tax exemption, which is substantial. Skipping the return can still create IRS problems and complicate the grantee’s tax basis later. Married couples can elect gift splitting to combine their exclusions to $38,000, but each spouse must file a Form 709 to make that election. Talk to a tax professional before recording if the property has real value.
When a Quitclaim Is the Wrong Tool
A quitclaim deed makes no promises about the title. If the grantor turns out to own nothing, the grantee gets nothing, and there’s no recourse under the deed. That’s why quitclaims suit family transfers, adding or removing a spouse after marriage or divorce, moving property into a living trust, and cleaning up title defects, but not arms-length sales to strangers, where a warranty deed gives the buyer far more protection.