How to Fill Out and Record a Utah Quit Claim Deed

A Utah quitclaim deed transfers whatever ownership interest the signer holds in a piece of real property to someone else, with no promise that the title is good or free of liens. To make one, you fill in the statutory form from Utah Code 57-1-13, sign it in front of a notary, and record it at the recorder’s office in the county where the property is located. The whole process typically fits on one page and one trip to the counter, but a small mistake in the legal description, the formatting, or the parties’ names can send the document back.

When a Quitclaim Deed Is the Right Tool

Quitclaim deeds work well for transfers where the parties already trust each other or already know the property’s history: gifts between family members, transfers into a living trust, divorce-related transfers between spouses, and cleanup of a cloud on an existing title. They are a poor fit for arm’s-length purchases from strangers, because the grantor makes no representation that they actually own the property or that the title is clean. If the grantor owns nothing, the grantee gets nothing.

For a purchase from someone you don’t know well, a warranty deed under Utah Code 57-1-12 is the safer instrument. It uses the operative phrase “conveys and warrants” and carries full title guarantees.1Utah Legislature. Utah Code 57-1-12 – Form of Warranty Deed

Information You Need Before You Start

Before touching the form, gather:

  • The full legal names and mailing addresses of both the grantor (person giving) and the grantee (person receiving). Utah Code 57-3-105 requires the deed to name every grantee and include a mailing address for tax purposes, so a nickname or a bare P.O. Box will not do if the county uses a different address for assessment notices.2Utah Legislature. Utah Code 57-3-105 – Legal Description of Real Property and Names and Addresses Required in Documents
  • The property’s legal description. This is not the street address. It is the formal boundary description using metes and bounds, a government survey reference, or a lot-and-block designation from a recorded plat. You can copy it from the most recent recorded deed or the county assessor’s parcel record.
  • The tax identification number, sometimes called a parcel ID or tax serial number. Utah Code 17-21-20 lets county recorders require this on the deed, and most Utah counties do.3Utah Department of Commerce. Utah Recording and Processing Standards – Parcel Numbers
  • The consideration amount. The statutory form contains a blank for “the sum of ___ dollars.” For gifts between family members, people commonly write a nominal figure such as $10. For a real sale, write the actual purchase price.

Completing the Statutory Form

Utah Code 57-1-13 supplies the statutory quitclaim form. The statute says a deed “may be substantially in the following form,” so you have some flexibility, but sticking close to the template keeps you out of trouble.4Utah Legislature. Utah Code 57-1-13 – Form of Quitclaim Deed – Effect The core language reads:

“QUITCLAIM DEED — [Grantor name], grantor, of [place of residence], hereby quitclaims to [Grantee name], grantee, of [place of residence], for the sum of [dollar amount], the following described tract of land in [County] County, Utah, to wit: [legal description].”

The operative verb is “quitclaims.” That word is what makes this a quitclaim rather than a warranty. Once executed, the deed conveys all right, title, interest, and estate the grantor holds on the date of the conveyance, and nothing more.

A few drafting habits prevent most recorder rejections. Spell the grantor’s name exactly as it appears on the current recorded deed. Use each grantee’s full legal name, not initials. Copy the legal description character for character from the source; even a small discrepancy in the metes and bounds is one of the most common reasons a county recorder sends a deed back.

Formatting Requirements

Utah Code 17-21-20 lets a county recorder refuse any document that doesn’t meet the state’s formatting standards.5Utah Legislature. Utah Code 17-21-20 The rules are strict but easy to follow:

  • White paper, 8½ by 11 inches, printed on one side only.
  • At least one inch of margin on the left, right, and bottom of every page.
  • On the first page, a blank space of 2½ inches down and 4½ inches across in the upper right corner for the recorder’s stamps.
  • Black ink, no smaller than seven lines of text per vertical inch (roughly 10-point type).
  • No continuous binding along any edge of the pages.

Utah Code 57-3-106 adds three more requirements: the document you submit must be an original (or a qualifying electronic version), the first page must carry a brief caption stating what the document is (for example, “Quitclaim Deed”), and the legal description required by 57-3-105 must appear on it.6Utah Legislature. Utah Code 57-3-106 – Original Documents Required – Captions – Legibility The caption line is easy to forget on a homemade form, and skipping it is grounds for rejection.

Signing and Notarization

The grantor signs the deed in front of a licensed notary public. The notary checks the signer’s identity, watches the signature go on the page, and then completes an acknowledgment certificate attached to or printed on the deed. Without that acknowledgment, the recorder will not accept the deed.

Only the grantor’s signature has to be notarized. The grantee does not sign the deed itself. Make sure the name on the grantor’s government-issued ID matches the name printed on the deed. A mismatch is another routine reason for a bounce at the counter.

The Water Rights Addendum

Utah Code 57-3-109 authorizes a water rights addendum alongside any deed conveying fee simple title. It is not required, but submitting one is smart practice.7Utah Legislature. Utah Code 57-3-109 – Water Rights Addenda When the recorder receives one, the office transmits copies to the state engineer, who updates ownership records for the water rights tied to the parcel. Skip it, and later ownership of the water can become murky.

The state engineer publishes the official form, which asks the grantor to check one of four boxes:8Utah Division of Water Rights. Water Rights Addendum to Land Deeds

  • All of the grantor’s water rights used on the parcel are being conveyed.
  • Only a portion of the water rights are being conveyed, with specific rights numbers and quantities listed.
  • No water rights are being conveyed.
  • Water rights are being conveyed by a separate deed.

If you check the first or second box, you need the water right numbers for the parcel. The Utah Division of Water Rights has a searchable database that lets you look up rights by owner name, point of diversion, or place of use.9Utah Division of Water Rights. Water Right Records Information Both parties sign the addendum: the grantor to certify the information and the grantee to acknowledge receipt of a copy.

Recording the Deed

File the completed, notarized deed with the county recorder’s office in the county where the property physically sits. You have three ways to submit:

  • In person. Bring the original deed and any addendum to the counter. Staff will review it on the spot and either record it or explain what needs fixing.
  • By mail. Send the original along with the recording fee and a self-addressed stamped envelope for return. Turnaround is often a week or more.
  • Electronic recording. Many Utah counties, including Salt Lake, Utah, Weber, Washington, Summit, and Cache, accept deeds through e-recording vendors, which is faster than mail.

The base recording fee is $40 per document.10Summit County, Utah. Recording Fees If the deed describes more than ten parcels, an extra $2 applies for each additional description. Confirm the total with your recorder before sending payment, since a short check delays recording.

Once recorded, the deed gets an entry number and recording date stamped on the first page. The recorder scans the document into the public record and returns the original to you by mail. Keep the entry number; that is your proof the transfer is on file.

Mortgages and Due-on-Sale Clauses

A quitclaim deed transfers ownership. It does not transfer or eliminate an existing mortgage. If the grantor has a loan secured by the property, the grantor stays personally liable on that loan after the deed is recorded. Only a refinance by the grantee or a written release from the lender ends that obligation.

Most residential mortgages also contain a due-on-sale clause, which lets the lender demand full payoff whenever ownership changes. Federal law at 12 U.S.C. 1701j-3(d) blocks enforcement of that clause on residential property of fewer than five units in several situations:11Office of the Law Revision Counsel. 12 U.S. Code 1701j-3 – Preemption of Due-on-Sale Prohibitions

  • Transfers to a spouse or child of the borrower.
  • Transfers from divorce or legal separation where the borrower’s spouse becomes the owner.
  • Transfers into a living trust where the borrower stays a beneficiary and occupancy doesn’t change.
  • Transfers on the borrower’s death, including to a relative or a joint tenant.

If your transfer doesn’t fit one of those exemptions, talk to the lender before recording the deed. Some lenders will consent, or agree to a loan assumption. Finding out after the fact that the lender has called the loan due is a much harder problem to unwind.

Federal Gift Tax and Basis

When a quitclaim deed moves property for less than fair market value, such as a parent deeding a house to an adult child for $10, the IRS treats the difference as a gift. The 2026 annual gift tax exclusion is $19,000 per recipient.12Internal Revenue Service. Gifts and Inheritances Most Utah real property is worth well above that, so the grantor generally has to file IRS Form 709 for the year of the transfer.

Filing Form 709 doesn’t necessarily mean paying tax. The lifetime gift and estate tax exclusion for 2026 is $15,000,000, and any amount above the annual exclusion just reduces that lifetime allowance.13Internal Revenue Service. What’s New – Estate and Gift Tax Gifts between spouses who are both U.S. citizens are generally exempt from gift tax entirely.14Internal Revenue Service. Frequently Asked Questions on Gift Taxes

The bigger long-term issue for the grantee is basis. Property received as a gift generally carries the donor’s original cost basis for capital gains purposes, not the current market value.14Internal Revenue Service. Frequently Asked Questions on Gift Taxes If a parent bought a house for $80,000 and the child later sells it for $400,000, the child owes capital gains tax on $320,000. Inherited property gets a stepped-up basis to fair market value at the date of death, which usually erases that gain. That difference is worth talking through with a tax advisor before deciding between a lifetime quitclaim transfer and a transfer-on-death arrangement.

Title Risk to the Grantee

The trade-off with a quitclaim deed is speed and simplicity in exchange for no protection. The grantor promises nothing about ownership, liens, or competing claims. If an unpaid contractor’s lien, a tax lien, or a rival claimant surfaces later, the grantee has no legal recourse against the grantor for those problems.

Existing title insurance is another casualty. Most owner’s title policies keep coverage alive only while the insured stays on the hook through covenants or warranties in the transfer deed. A quitclaim contains no such covenants, so the grantor’s policy typically stops protecting the property once the deed is recorded, and that coverage does not pass to the grantee.

Between family members or into a personal trust, where the title history is already familiar, these risks are usually manageable. In any other setting, consider ordering a title search before accepting a quitclaim deed, or ask the grantor for a warranty deed instead. A title search or a fresh owner’s title insurance policy costs far less than discovering a hidden lien after the deed is on file.