In Alabama, a quitclaim deed is used to transfer property from an owner (“Grantor”) to a new owner (“Grantee”) without any promises or guarantees about the property’s title or condition. Quitclaim deeds are a quick way to transfer property but they offer the lowest security among real estate deeds in Alabama. The most common use of quitclaim deeds is between parties with high levels of trust, such as family members or close friends. Read more
The main difference between quitclaim deeds and warranty deeds in Alabama is that a quitclaim deed provides less security to the Grantee. A warranty deed provides legal protection to the new owner because it confirms that the Grantor owns the property and has the right to make a transfer. Warranty deeds are mostly used for real estate transactions in Alabama. Quitclaim deeds, on the other hand, are used for transfers between family and friends. Read more
Laws surrounding quitclaim deeds are found in Title 35 of the Alabama Code, titled Property. An Alabama quitclaim deed should state that the Grantor “quitclaims” the property to the Grantee. It cannot use terms such as “grant,” “bargain,” or “sell” which are terms typically used in Alabama warranty deeds. [1] Once prepared, the quitclaim deed must be filed at the Office of the Judge of Probate in the county where the property is located. [2]
You can prepare your own quitclaim deed in Alabama. A professional drafter is not legally required. The name and address of the individual who drafted the deed, however, must be mentioned under “Prepared by.” [3]
Most formatting standards in Alabama are those that counties have uniformly adopted and standardized throughout the state.
Content requirements for quitclaim deeds in Alabama include:
1. Grantor’s name and address.
2. Grantor’s marital status. [5]
3. Grantee’s name and address.
4. The property address.
5. Property’s parcel identification number.
6. Property’s homestead status.
7. Property description. [6]
Use one or more of the following to describe the property:
8. Consideration clause – the value or the amount of money exchanged.
For a quitclaim deed to be legally valid in Alabama, it must be signed by the Grantor. If the property is listed as a homestead, both spouses must sign the quitclaim deed. Alternatively, a spousal waiver of homestead rights can be signed and attached. [7]
The Grantor’s signature must be attested to by two witnesses. Alternatively, the Grantor’s signature could be acknowledged by a notary public. [8]
Here’s how to file a quitclaim deed in Alabama:
1. Prepare the quitclaim deed with the information required.
2. Ensure that the deed transfer tax amount is paid when it is submitted for recording.
3. Real Estate Sales Validation form. [9]
4. Once the quitclaim deed is signed, ensure that it is acknowledged by the Grantor before a notary or two witnesses.
5. File the quitclaim deed and the relevant information at the Office of the Judge of Probate in the county where the property is located.
In Alabama, the minimum charges for filing a quitclaim deed are as follows: [10]
However, the actual filing fees charged by counties can vary and are often higher. For instance, in most counties, the fees for recording the first-page range from $16 to $26; each additional page is $3. [12]
In Alabama, property transfers are subject to real estate transfer taxes. [13]
Recording a quitclaim deed in Alabama can vary significantly based on county-specific processes. Typically, it can take anywhere from a few days to a few weeks.
If the quitclaim deed is prepared correctly and the necessary documents are included, the Probate Judge’s Office will process the deed and add it to the county’s permanent public record.
All documents filed with the Probate Judge’s office and any maps or supplemental forms are preserved and maintained.
There is no expiration for quitclaim deeds in Alabama. However, the statute of limitations to recover property in the state is 10 years. [14]
In all conveyances of estates in fee, the words “grant,” “bargain,” “sell,” or either of them, must be construed, unless it otherwise clearly appears from the conveyance, an express covenant to the grantee, his heirs and assigns, that the grantor was seised of an indefeasible estate in fee simple, free from incumbrances done or suffered by the grantor..
Conveyances required to be recorded in office of probate judge. Conveyances of property, required by law to be recorded, must be recorded in the office of the judge of probate.
No probate judge shall receive for record or permit the recording of any instrument in which the title to real property… unless such instrument has endorsed on it a printed, typewritten or stamped statement showing the name and address of the individual who prepared the instrument..
Documents should be submitted on 8.5×11 inch paper, and should not exceed 8.5×14 inch paper. All documents must be typed or laser printed, with a minimum font size of 10 point. On the first page of the document in the top right corner, there should be a blank space of 3×3 inches. This space is reserved for the recorder’s stamp.
A 3-inch margin is required at the top of the first page of each document presented for recording
Recitation of marital status of grantor or vendor required; (a) No deed, contract or other conveyance of land or any interest therein, whether legal or equitable, shall be accepted for record by the probate judge unless it contains a recitation of the marital status of an individual grantor…
How real estate may be described. The description of real estate may be as follows: (1) If it is an entire section, it may be described by the number of the section, township, and range. (2) If it is a subdivision of a section authorized by the United States for the sale of public lands..
Homestead exemption.. No mortgage, deed or other conveyance of the homestead by a married person shall be valid without the voluntary signature and assent of the husband or wife, which must be shown by his or her examination before an officer authorized …
Conveyances for the alienation of lands must be written or printed… the execution of such conveyance must be attested by one witness or, where the party cannot write, by two witnesses who are able to write and who must write their names as witnesses; or, if he can write his name but does not do so and his name is written for him by another, then the execution must be attested by two witnesses who can and do write their names.
Acknowledgment – Operates as Compliance With Witness Requirements. The acknowledgment provided for in this article operates as a compliance with the requisitions of section 35-4-20 upon the subject of witnesses.
All instruments of conveyance must be in writing, attested by two witnesses, and signed by the contracting party or his agent. If notary stamp/seal is present, two witnesses are not required.
(c)… The Department of Revenue shall develop a form which shall be used for attesting to the actual value or actual purchase price of the property, which form shall include only information related to the actual value or actual purchase price of the property..
(b)(22)Fees for services other than those specified in subsection (a) shall be: Filing and recording, including recording documents filed for record, irrespective of size type, per page ….. 3.00
(b)(24) If the instrument conveys any interest in real or personal property within this state and recites more than two grantors or grantees 1.0
Special Indexing Fee. Thirty days after May 13, 1993, a special indexing and recording fee of five dollars ($5) shall be paid to the judge of probate with respect to each real property instrument and each personal property instrument that may be file..
the following recording fees are collected on all documents except the ones specifically set out below: $16.00 for the 1st page plus $3.00 for each additional page..
Filing/Recording fee is $26
Except as provided in subsection (b), the privilege or license tax on all instruments which are executed to convey real or personal property situated in this state of the value of $500 or less shall be $.50..
Mortgages – $.15 per $100 of indebtedness or fraction thereof. (Also deeds of trust, conditional sale contracts, etc.) Deeds – $.50 per $500 of value or fraction thereof. (Also bills of sale.)
The following actions must be commenced within 10 years: (1) Actions founded upon any contract or writing under seal. (2) Actions for the recovery of lands, tenements or hereditaments, or the possession thereof, except as otherwise provided in this article.
