A Tennessee quitclaim deed is a one-page instrument that transfers whatever interest the grantor holds in a piece of real estate to the grantee, with no promises about the quality of that title. To use one, you fill in the parties, the legal description, the parcel number, and the derivation of title; sign it in front of a notary; and record the original at the Register of Deeds in the county where the property sits, paying the recording fee and a transfer tax calculated on the actual consideration paid.
What a Quitclaim Deed Actually Transfers
A quitclaim conveys the grantor’s interest and nothing more. If the grantor owns the property free and clear, the grantee gets full ownership. If the grantor owns nothing, the grantee gets nothing. There is no warranty either way. That is why these deeds show up most often between family members, between divorcing spouses, or when moving property into a living trust, and why they are a poor fit for arm’s-length sales where the buyer expects assurances about title.
Information to Gather Before You Start
Collect everything the Register of Deeds will look for before you fill in a single blank. A missing item is grounds for rejection at the counter.
- Full legal names and addresses for both the grantor and grantee. Nicknames or abbreviations can cause title problems later.
- The legal description of the property, copied exactly from the grantor’s existing recorded deed. The street address is not enough. If the description differs from the prior deed, the new deed has to identify the surveyor who prepared the boundary survey, including name, license number, and address.
- The parcel identification number assigned by the county assessor. Tennessee law requires this on every deed transferring ownership, and the register will not accept the document without it. You can find it on a recent property tax bill or the assessor’s website.
- Derivation information: the book and page number (or instrument number) of the deed, will, or court decree through which the grantor originally took title. Tennessee will not record a deed without this recital.
- The consideration, meaning the amount the grantee actually paid. For gifts, the common wording is “ten dollars and other valuable consideration.” The dollar figure matters because the transfer tax on a quitclaim is calculated from it.
Filling Out the Deed
Quitclaim deed forms are available from county Register of Deeds offices or online legal document providers. The form should use language substantially similar to the statutory quitclaim format, which conveys only whatever interest the grantor holds, without warranty.
Parties and Consideration
Enter the grantor’s full legal name and mailing address, then the grantee’s. If there are multiple grantees, specify how they will hold title: as joint tenants with right of survivorship, as tenants in common, or as husband and wife. Fill in the county where the property is located. State the consideration on the face of the deed. For a quitclaim, the grantee must declare the actual consideration under oath on the instrument itself so the register can calculate the transfer tax.
Legal Description and Parcel Number
Copy the full legal description from the grantor’s most recent recorded deed. If it is identical, you can add a statement that the legal description is the same as in the previous deed of record. Then include the parcel identification number from the assessor. If you asked the assessor’s office for the number and it was not provided promptly, you can substitute a sworn affidavit saying so, but that is a fallback, not a first move.
Derivation Clause
Every Tennessee deed has to recite where the grantor’s title came from. Include the type of instrument (deed, will, court decree), the office where it was recorded, and the book and page number. If the grantor inherited through intestate succession, state that the grantor took title by inheritance and reference the last recorded instrument that conveyed the property. If no prior instrument was ever recorded, the deed has to say so. When the grantor’s source deed is being recorded at the same time as the quitclaim, the preparer can leave the book and page blank for the register to fill in after the source deed is recorded.
Preparer Statement
Every deed filed in Tennessee has to identify who drafted it. Include a line reading “This instrument was prepared by [name] [address]” with the name printed or typed legibly. Omitting it gives the register grounds to refuse the document.
Signing and Notarizing
The grantor signs with an original signature. Under Tennessee law the signature then has to be either acknowledged before a notary public or proved by at least two subscribing witnesses. Notarization is the standard route because it makes the deed self-authenticating and avoids later questions about witness availability.
The notary will verify the grantor’s identity with a current government-issued photo ID such as a driver’s license or passport, then apply the seal and note both the date of acknowledgment and the commission expiration date. Both have to appear on the deed for the register to accept it.
Remote Online Notarization
Tennessee authorizes online notarization through two-way video and audio under T.C.A. § 8-16-310. The online notary verifies the signer’s identity through remote presentation of a government-issued credential, credential analysis technology, and identity proofing. The electronic notarial certificate must note that it was an online notarization. Not every title company or register’s office handles electronically notarized documents the same way, so confirm with the filing county before relying on this option.
Recording the Deed
Take the signed and notarized original to the Register of Deeds in the county where the property is located. The register will not record a deed for property in another county.
Recording Fees
Tennessee’s fee schedule is set by statute. For a standard deed on pages no larger than 8½ by 14 inches, the base recording fee is $10.00 for up to two pages, plus $5.00 for each additional page. The register also collects a $2.00 per-instrument service fee, which puts a typical two-page quitclaim at $12.00.
Realty Transfer Tax
Tennessee imposes a transfer tax of $0.37 per $100 of value on real estate conveyances. For most deed types the tax is based on consideration or value, whichever is greater. Quitclaims are treated differently: the tax is based only on the actual consideration the grantee paid. If you quitclaim a $200,000 property as a gift with nominal consideration of $10, the tax is calculated on $10, not $200,000.
Several transfers are exempt entirely. Those include transfers between divorcing spouses under a settlement decree, transfers into a revocable living trust where the grantor remains a beneficiary, deeds distributing property to trust beneficiaries, and transfers carrying out a will.
Electronic Recording
Many Tennessee counties accept electronically submitted deeds through third-party platforms such as Simplifile, CSC, or ePN. The deed is submitted digitally and the register processes it in minutes rather than requiring an in-person visit. Contact the specific county register’s office to confirm whether e-recording is available and which vendor they use.
Why Recording Promptly Matters
An unrecorded deed is still valid between the grantor and grantee, but it offers no protection against third parties. Tennessee follows a race-notice recording framework, which means a later buyer who pays fair value and records first, without knowledge of your unrecorded deed, can take priority over you. Recording immediately after execution puts the world on constructive notice that ownership has changed. A long gap between signing and recording also increases exposure if the grantor faces a judgment lien or bankruptcy in the meantime.
What the Deed Does Not Do
A quitclaim moves title. It does not move the mortgage, and it does not sidestep the tax code.
The Mortgage Stays With the Grantor
The mortgage is a separate contract between the borrower and the lender, and signing a quitclaim does not transfer the loan. The grantor remains personally liable for payments unless the lender releases them or the grantee refinances. Most residential mortgages also include a due-on-sale clause that lets the lender demand full repayment when ownership changes.
Federal law carves out exceptions for residential properties with fewer than five units. A lender cannot trigger the clause for transfers to a spouse or children, transfers resulting from a divorce decree or separation agreement, transfers into a revocable living trust where the borrower stays a beneficiary, or transfers on the borrower’s death. If your transfer does not fall into one of those protected categories, talk to the lender before recording.
Gift Tax and Carryover Basis
When a quitclaim transfers property for less than fair market value, the IRS may treat the difference as a taxable gift. For 2026 the annual gift tax exclusion is $19,000 per recipient. If the gap between what the grantee paid and the market value exceeds that threshold, the grantor files Form 709 with their tax return for the year of the transfer. Filing does not necessarily mean owing tax; it counts against the grantor’s lifetime estate and gift tax exemption, which stands at $15,000,000 for 2026. Transfers between U.S. citizen spouses, transfers resulting from a divorce settlement, and transfers into a revocable living trust where the grantor keeps control do not trigger a filing.
There is also a basis consequence worth knowing before you sign. Property received as a gift carries the grantor’s original cost basis forward to the grantee rather than stepping up to current market value. If the grantor bought the house for $80,000 and quitclaims it to a child, the child’s basis is $80,000 plus any capital improvements the grantor made, and a later sale is taxed from that figure. Inherited property, by contrast, typically receives a stepped-up basis equal to fair market value at the date of death.
Common Reasons Deeds Get Rejected
Registers of Deeds will refuse to record a quitclaim that is missing required elements. The frequent problems are easy to catch before you leave for the courthouse.
- Missing parcel identification number. No number, no recording. If the assessor has not assigned one, attach a sworn affidavit explaining the situation.
- No derivation clause. The deed has to trace the grantor’s title back to a recorded instrument with book and page numbers. Vague references are not enough.
- Missing preparer information. The drafter’s name and address must appear on the face of the deed in legible print or type.
- Incomplete notarization. The acknowledgment must include the notary’s signature, seal, date, and commission expiration date.
- Consideration not stated under oath. The actual consideration must be declared on the instrument for transfer tax purposes.
Even if the register accidentally accepts a deed missing the parcel number or derivation clause, the recording is still valid and the transfer is not voided. Relying on a clerical oversight is not a filing strategy. Check the document before you walk in.