To fill out and record a New Hampshire quitclaim deed, complete the statutory form in RSA 477:28 with the grantor and grantee information, consideration, and legal description of the property; have the grantor sign before a notary or justice of the peace; and then file the deed at the county registry of deeds where the property sits, along with payment of the state real estate transfer tax and a Declaration of Consideration filed with the Department of Revenue Administration.
What You’ll Need Before You Start
Collect the following before you open the form:
- Full legal names and mailing addresses for every grantor (the person transferring) and every grantee (the person receiving). The statute specifically requires the grantee’s mailing address on the deed.
- The legal description of the property, copied exactly from the most recent recorded deed. It usually contains metes-and-bounds language or references a recorded subdivision plan, with a book and page number from the county registry.
- The volume (book) and page number where the grantor’s own deed was recorded. This links the new deed to the existing chain of title.
- The consideration being paid. For family transfers where no money changes hands, the phrase “love and affection” or a nominal dollar amount serves this purpose.
Blank quitclaim deed forms are available from legal supply providers, attorneys, and some county registry websites. The statutory form in RSA 477:28 is short; any document that follows it “in substance” carries the legal effect the statute assigns.
Filling Out the Statutory Form
The form follows a specific structure laid out in RSA 477:28. The grantor’s name, county, and state go first, followed by the consideration paid, and then the grantee’s name and complete mailing address.1New Hampshire General Court. New Hampshire Code 477:28 – Statutory Form of Quitclaim Deed Include the phrase “with quitclaim covenants” in the granting language. That phrase triggers the specific protections under the statute; without it, the document may not carry the intended legal effect.
After the granting language, insert the legal description of the property. Type or write it exactly as it appears on the most recent deed in the chain of title. Even minor discrepancies in boundary calls or lot references can create confusion in a future title search. If the property has any encumbrances, exceptions, or reservations you want to note, such as an existing easement, list them immediately after the property description.
At the bottom of the form, leave space for the grantor’s signature, the notarial acknowledgment, and the return address where the registry should mail the recorded document. Many registries also want the name and address of the person who prepared the deed.
Signing Before a Notary
The grantor must sign the deed and then acknowledge that signature before a justice of the peace, notary public, or commissioner.2New Hampshire General Court. New Hampshire Code 477:3 – Execution The acknowledgment is where the official verifies the grantor’s identity and confirms the signing is voluntary. The official then adds their seal, signature, and commission expiration date. If more than one person is listed as grantor, every grantor must sign and have their signature acknowledged.
The grantee does not need to sign. Only the party giving up the interest executes the document. If the grantee is also a grantor in the same transaction, as sometimes happens in boundary-line agreements, both parties sign.
Recording at the County Registry
After signing and notarization, file the deed at the county registry of deeds in the county where the property is located. An unrecorded deed is still valid between the grantor and grantee, but it will not protect the grantee against a later buyer who pays value and records first.3New Hampshire General Court. New Hampshire Code 477:3-a – Recording Record promptly.
Recording fees are set by county but follow a common structure: $12 for the first page, $4 for each additional page, and a $2 per-document surcharge under RSA 478:17-j.4NHDeeds. Grafton County Recording Fees On top of that, every deed carries a $25 LCHIP (Land and Community Heritage Investment Program) surcharge under RSA 478:17-g. For a typical two-page quitclaim deed, expect around $43 in total recording and surcharge fees. Most registries require separate checks for recording fees, the LCHIP surcharge, and the transfer tax.
You can submit documents in person or by mail. The nhdeeds.org website links to each county’s registry for specific mailing addresses and office hours.5NHDeeds. Home to New Hampshire County Registers of Deeds After recording, the registry returns the original deed to the address you specify, usually within a few weeks.
Paying the Transfer Tax and Filing the Declaration of Consideration
New Hampshire imposes a real estate transfer tax on the sale, granting, and transfer of real property. The rate is $0.75 per $100 of consideration, which works out to $7.50 per $1,000.6New Hampshire General Court. New Hampshire Code 78-B:1 – Transfer Tax Both the buyer and the seller each owe this amount, so the combined tax on a transaction is $15 per $1,000 of consideration. When the consideration is $4,000 or less, a minimum tax of $20 applies.
Both parties must separately file a Declaration of Consideration with the New Hampshire Department of Revenue Administration. The purchaser files Form CD-57-P and the seller files Form CD-57-S.7Legal Information Institute. New Hampshire Administrative Code Rev 807.02 – Declaration of Consideration for Certain Exempt Transfers Each form states the sale price, identifies the parties, and calculates the tax owed.8New Hampshire Department of Revenue Administration. CD-57-P – Real Estate Transfer Tax Declaration of Consideration The forms are typically submitted at the registry along with the deed and tax payment.
When the Transfer Tax Doesn’t Apply
Not every quitclaim deed triggers the tax. RSA 78-B:2 lists a number of exempt transfers:
- Transfers between spouses pursuant to a final decree of divorce or nullity.9New Hampshire General Court. New Hampshire Code 78-B:2 – Exceptions
- Noncontractual transfers, including gifts and other transfers where there is no contractual obligation. A CD-57 form must still be filed for these, even though no tax is due.
- Corrective deeds that fix an error in a previously recorded deed.
- Property passing through a will, intestate succession, or joint tenancy survivorship.
- Conveyances to the state, a county, city, town, school district, or village district.
- Transfer-on-death deeds under RSA 563-D where no consideration is exchanged.
A transfer between spouses outside of divorce, such as adding a spouse to the deed during an ongoing marriage for no consideration, falls under the noncontractual transfer exemption rather than the divorce exemption.
What a Quitclaim Deed Does Not Promise
A quitclaim deed transfers only whatever interest the grantor currently holds. The “quitclaim covenants” language gives the grantee two limited protections: the grantor promises the property is free of encumbrances the grantor personally created during their ownership, and the grantor will defend the title against anyone claiming through the grantor, but no one else.1New Hampshire General Court. New Hampshire Code 477:28 – Statutory Form of Quitclaim Deed If a prior owner created a lien, or if someone else has a valid claim to the property, the grantee has no recourse against the grantor. This is why quitclaim deeds are typically used between family members, divorcing spouses, or co-owners who already know the property’s history. In an arm’s-length sale to a stranger, most buyers insist on a warranty deed under RSA 477:27 and title insurance.10New Hampshire General Court. New Hampshire Code 477:27 – Statutory Form of Warranty Deed
Before You Transfer: Gift Tax and Medicaid Look-Back
When you transfer property by quitclaim deed for less than fair market value, or for no consideration at all, the IRS may treat the difference as a gift. For 2026, the annual gift tax exclusion is $19,000 per recipient.11Internal Revenue Service. Gifts and Inheritances If the value of the property interest you transfer exceeds that threshold, you need to file Form 709 (United States Gift Tax Return) by April 15 of the following year. Filing does not necessarily mean you owe tax; the lifetime gift and estate tax exemption is substantial, and most people never actually pay. The return tracks how much of your lifetime exemption you have used. Transfers between spouses who are both U.S. citizens are generally exempt from gift tax entirely under the unlimited marital deduction.
Transferring real estate by quitclaim deed for less than fair market value can also affect Medicaid eligibility for long-term care. Federal law establishes a 60-month look-back period: when someone applies for Medicaid nursing home coverage, the agency reviews all asset transfers made during the five years before the application date.12Office of the Law Revision Counsel. 42 USC 1396p – Liens, Adjustments and Recoveries, and Transfers of Assets If Medicaid finds that property was given away or sold below market value during that window, it imposes a penalty period during which the applicant is ineligible for benefits. A parent who deeds the family home to a child “to keep it in the family” and then needs nursing home care three years later will face a disqualification period based on the home’s value. If you are considering a quitclaim deed as part of estate or Medicaid planning, talk to an elder law attorney well before any transfer, ideally more than five years before you anticipate needing long-term care.