An Alabama quitclaim deed transfers whatever ownership interest the grantor holds in a piece of real property to the grantee, with no promise that the title is clear or that the grantor owns anything at all. To make the transfer stick, you draft the deed with specific required information, sign it in front of a notary, and take it to the Judge of Probate in the county where the property sits, paying the recording fee and the state deed tax at the counter. Bring everything the first time and the whole process can finish in one visit.
What a Quitclaim Actually Transfers
A quitclaim conveys the grantor’s interest, whatever that interest happens to be. If the grantor owns the property free and clear, the grantee gets clean title. If the grantor owns nothing, the grantee gets nothing. If the property carries liens, unpaid taxes, or a competing claim from a co-owner, all of that follows the property to the grantee. This is the core difference from a warranty deed, and it matters most in three common situations: transfers between family members, transfers into or out of a trust, and transfers to clear up a clouded title.
Use quitclaim language deliberately. Phrasing like “quitclaim and convey” keeps the transfer limited to whatever interest exists. Wording such as “grant, bargain, and sell” implies warranty covenants and can expose the grantor to promises they did not intend to make.
Information the Deed Must Contain
Alabama has no mandatory statutory form, so you can draft your own, use a template, or have an attorney prepare one. Whatever the source, every deed presented to the probate office needs the same core information, and a missing element gets it rejected at the counter.
- Full legal names and current mailing addresses of the grantor and grantee.
- The grantor’s marital status: married, single, divorced, or widowed. Alabama law requires this recitation on every deed, and the probate judge cannot accept a deed without it. A false statement of marital status is a misdemeanor.1Alabama Legislature. Alabama Code 35-4-73 – Recitation of Marital Status of Grantor
- The full legal description of the property, copied word-for-word from the most recent recorded deed. A street address is not enough, and the abbreviated description on a tax bill is not a substitute. Tax assessor descriptions are shortened for assessment purposes and can create ambiguity that only a court action can fix. If the prior deed references a plat, attach the plat or identify the plat book.2Cherokee County Alabama. Requirements for Recording a Deed
- A consideration statement: how much money changed hands, or a note that the transfer is a gift. This figure drives the deed tax.
- The parcel identification number from the tax bill or the county assessor’s website.
- A “prepared by” statement with the preparer’s name and address. Alabama Code Section 35-4-110 bars the probate judge from recording any deed that lacks this endorsement. Most practitioners place it at the top of the first page.3Alabama Legislature. Alabama Code 35-4-110 – Instrument Not Recordable Unless Statement Endorsed on It
Format on standard 8.5-by-11-inch paper, at least 10-point font, with a top margin of at least three inches on the first page for the recorder’s stamp. Individual counties may impose additional formatting rules, so a phone call to your probate office before you go can save a return trip.4Madison County, AL. Filing Real Estate and Legal Documents
If the grantor is married and the property is the couple’s homestead, the non-granting spouse may need to sign to release homestead or dower rights.
Signing and Notarization
Alabama Code Section 35-4-20 requires the grantor to sign the deed at the bottom in the presence of at least one witness who can write and who signs as a witness.5Alabama Legislature. Alabama Code 35-4-20 – Conveyance Required to Be in Writing; Signature; Attestation by Witnesses The grantee does not sign.
In practice, nearly everyone uses a notary. A proper notary acknowledgment satisfies the witness requirement, and probate judges accept notarized instruments without hesitation. The notary must personally identify the signer, confirm the signature was voluntary, and attach an acknowledgment certificate. Bring a current, government-issued photo ID.
Signing alone does not transfer ownership. The deed must also be delivered to and accepted by the grantee. Delivery does not require any ceremony: handing the signed document to the grantee or placing it on record at the probate office both count. What matters is that the grantor intended a present transfer, not a future one.
Recording at the Judge of Probate
Take the signed, notarized original to the Office of the Judge of Probate in the county where the property is located. Copies, faxes, and unsigned documents will not be accepted.4Madison County, AL. Filing Real Estate and Legal Documents The clerk reviews the deed for the preparer’s statement, legal description, marital status, signatures, and notarization before accepting it.
Recording fees vary by county. Jefferson County, the state’s largest, charges $16 for the first page and $3 for each additional page, plus $1 per additional grantor or grantee beyond two of each.6Probate Court of Jefferson County, Alabama. Recording Costs Colbert County charges $8 for the first page and $3 for each additional page.7Colbert County Probate Office. Fees Call your county for its current schedule and accepted payment methods.
Once accepted, the clerk stamps the deed with the recording date, time, and book-and-page number that becomes its permanent index in the county’s land records. Recording gives constructive notice that ownership has changed. The office typically mails the original back to the grantee after imaging. Keep it in a safe place. It is your primary proof of the transfer.
Deed Tax and the RT-1 Form
Alabama charges a recordation tax of $0.50 for every $500, or fraction of $500, of value conveyed.8Alabama Department of Revenue. Recordation Tax A $100,000 property generates $100 in deed tax. A $100,250 property generates $100.50, because the extra $250 counts as a fraction of $500. The probate judge will not record the deed until the tax is paid.9Alabama Legislature. Alabama Code 40-22-1 – Deeds, Bills of Sale, Etc.
Every deed presented for recording must also be accompanied by proof of the purchase price or, for non-sale transfers, proof of the property’s actual value. The Alabama Department of Revenue’s Real Estate Sales Validation Form (Form RT-1) covers this. You list the grantor and grantee, the property address, the transfer date, and either the purchase price or the appraised fair market value, then check the supporting documentation type (appraisal, sales contract, closing statement, or bill of sale) and sign under an attestation of accuracy.10Probate Court of Jefferson County, Alabama. Real Estate Sales Validation Form RT-1 If the deed itself already contains all of that information, a separate RT-1 is not strictly required, but most filers submit one to avoid questions at the counter.
Exemptions are narrow. No tax is owed on deeds executed for nominal consideration solely to correct or perfect an existing title, on re-recordation of corrected instruments, or on mortgage transfers where the mortgage tax was already paid.9Alabama Legislature. Alabama Code 40-22-1 – Deeds, Bills of Sale, Etc. There is no blanket exemption for transfers between spouses or transfers into a trust, whatever some template sites suggest. A quitclaim gift to a family member is taxed on the property’s fair market value, not on the dollar amount that changed hands.
The Mortgage Doesn’t Go With the Deed
A quitclaim deed does not remove the grantor from an existing mortgage. If the grantor owes money on the property, the loan stays in the grantor’s name and the lender can still foreclose. Most mortgages also include a due-on-sale clause that lets the lender demand full repayment when ownership changes.
Federal law protects several transfers from due-on-sale enforcement: transfers to a spouse or children, transfers resulting from a divorce decree, transfers on the death of a borrower, and transfers into a living trust where the borrower remains a beneficiary.11Office of the Law Revision Counsel. 12 USC 1701j-3 – Preemption of Due-on-Sale Prohibitions Outside those categories, quitclaiming a mortgaged property can trigger the clause and put the property at risk.
No Title Insurance Protection
A quitclaim carries no warranty of title. The grantee has no guarantee that the grantor owned the property, that the title is free of liens, or that no one else has a competing claim. The grantor’s existing owner’s title insurance policy does not transfer to the grantee. If the grantee wants protection, the only route is a new title search and a new owner’s policy, and any defects that existed before the transfer will surface in that search.
Gift Transfers and the Capital Gains Trap
Quitclaim deeds are often used to move property to family members without money changing hands. Two federal tax issues follow.
Gift Tax Reporting
The grantor, not the grantee, is responsible for federal gift tax. In 2026, gifts up to $19,000 per recipient are excluded from reporting. A property gift exceeding that value requires the grantor to file IRS Form 709. Filing does not necessarily mean owing tax. It reduces the grantor’s lifetime exclusion, which stands at $15,000,000 for 2026.12Internal Revenue Service. What’s New — Estate and Gift Tax Most people never approach that amount, but failing to file when required can trigger penalties.
Cost Basis Is the Real Problem
When you receive property as a gift, your cost basis for capital gains equals the donor’s original basis: whatever the donor paid, adjusted for improvements.13Office of the Law Revision Counsel. 26 USC 1015 – Basis of Property Acquired by Gifts and Transfers in Trust If a parent bought a house for $40,000 and quitclaims it to you when it is worth $300,000, your basis is $40,000. Sell for $300,000 and you owe capital gains tax on $260,000.
Inherited property works differently. The basis resets to fair market value at the date of death.14Office of the Law Revision Counsel. 26 USC 1014 – Basis of Property Acquired From a Decedent In the same scenario, inheriting the $300,000 house gives you a $300,000 basis, and a sale at that price produces zero taxable gain. For appreciated property, the difference can run to tens of thousands of dollars. Anyone considering a lifetime quitclaim for estate planning should weigh that against simply letting the property pass at death.