Alabama Quitclaim Deed: Signing, Recording and Deed Tax Rules

Alabama's Code has no separate statutory "quitclaim deed." Any signed writing transfers legal title if that was the grantor's intention (Ala. Code § 35-4-21), but one rule shapes every no-warranty deed: under § 35-4-271, the words "grant," "bargain" or "sell" in a conveyance of a fee estate are construed as covenants of title unless the deed clearly shows otherwise. To be recorded, the deed must be attested by a witness or acknowledged before a notary public or another authorized officer (§§ 35-4-20, 35-4-23, 35-4-24), and it is recorded in the office of the judge of probate (§ 35-4-50), not with a county recorder.

Alabama also collects a deed tax of $0.50 per $500 of value before a deed can be recorded (§ 40-22-1), and a gift deed is taxed on the property's actual value. If the property is a married owner's homestead, the owner's spouse must sign and assent even if the spouse is not on title (§ 6-10-3). For other states, see our guide to quitclaim deed rules by state.

Information last verified on 2026-10-08. This article has not been reviewed by a licensed lawyer.

Jurisdiction scope: This article covers Alabama's deed execution and recording statutes in Title 35, Chapter 4 of the Code of Alabama, the homestead signature rule in § 6-10-3, probate office recording fees in § 12-19-90, the deed tax in § 40-22-1 and Form RT-1, the Alabama Property Protection Act of 2026 as summarized below, and the federal mortgage and gift-tax rules that apply in every state. It does not cover title insurance, lender underwriting, county add-on fees, property reassessment rules, or any other state's law.

What a quitclaim deed is in Alabama

Alabama's Code does not define a quitclaim deed, and the Code sections cited here provide no statutory short-form deed. A conveyance needs a writing, a signature and attestation (§ 35-4-20), and no seal is required. Section 35-4-21 sets the basic test:

"Any instrument in writing, signed by the grantor or his agent having a written authority, is effectual to transfer the legal title to the grantee, if such was the intention of the grantor, to be collected from the entire instrument." Ala. Code § 35-4-21

Under § 35-4-2, every estate in land is a fee simple unless a lesser estate is clearly intended. Any person 19 or older who is not under a legal incapacity may convey land by a written instrument (§ 35-4-1).

Why the words in an Alabama deed matter

A quitclaim is meant to carry no promise about the title. Alabama's § 35-4-271 reads promises into certain words unless the deed says otherwise:

"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, except the rents and services that are reserved ..." Ala. Code § 35-4-271

The section goes on to imply a covenant for quiet enjoyment against the grantor and the grantor's heirs and assigns, "unless limited by the express words of such conveyance." So a deed meant to carry no warranty has to make that clear from the conveyance itself, which is a drafting question for a lawyer. Our guide to quitclaim vs. warranty deeds explains what each kind of deed promises.

The Code sections cited here do not prescribe a state quitclaim deed form. An Alabama lawyer can prepare a deed, and the probate office cannot give legal advice.

Signing, witnesses and acknowledgment

Alabama asks for one witness or an acknowledgment. Section 35-4-20 says "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." Under § 35-4-23, an acknowledgment satisfies that witness requirement.

The judge of probate may refuse to file or record an instrument unless it is "witnessed, probated, or acknowledged as required by this Code" (§ 35-4-58). Section 35-4-30 gives the form for proving a deed through a subscribing witness.

The statutes cited here do not settle whether Alabama requires a preparer's name, a legal-description format or page-format standards on a deed. County probate offices and the Electronic Recording Commission set technical standards, so ask the probate office before you file.

Does a spouse need to sign?

For a homestead, yes. Section 6-10-3 provides: "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 by law to take acknowledgments of deeds." The officer's certificate must be substantially in the individual form in § 35-4-29.

The rule applies whether or not the spouse is on title. Section 6-10-3 does not state a value or acreage limit, and whether property is the homestead depends on the facts, so if you are married and the property is your home, ask an Alabama lawyer before signing without your spouse.

Alabama has abolished dower and curtesy (§ 43-8-57). The statutes cited here set no other rule requiring a spouse who is not on title to sign a deed of property that is not the homestead; ask an Alabama lawyer if that is your situation.

Recording with the judge of probate

"Conveyances of property, required by law to be recorded, must be recorded in the office of the judge of probate" (§ 35-4-50), in the county where the property is situated (§ 35-4-62(a)). Filing for registration gives notice of the contents (§ 35-4-51), and the deed "is operative as a record from the day of the delivery to the judge" (§ 35-4-59), who certifies the filing date and the book and page (§ 35-4-58).

Recording protects the new owner against later buyers and creditors. Section 35-4-90 provides:

"All conveyances of real property, deeds, mortgages, deeds of trust, or instruments in the nature of mortgages to secure any debts are inoperative and void as to purchasers for a valuable consideration, mortgagees, and judgment creditors without notice, unless the same have been recorded before the accrual of the right of such purchasers, mortgagees, or judgment creditors." Ala. Code § 35-4-90

That text makes an unrecorded deed void only against those three groups, and only when they lack notice. To look up what is already on record for a property, see our guide to Alabama property records.

Recording fees

The general probate fee statute sets $3.00 per page for filing and recording (§ 12-19-90(b)(22)), $1.00 for each grantor or grantee name over two in the index (§ 12-19-90(b)(24)) and $1.00 per page for copies (§ 12-19-90(b)(25)). It does not override local laws that set probate fees for particular counties (§ 12-19-90(d)), and its 2000 increases do not apply in Category 2 counties or Cullman County (§ 12-19-90(e)), so fees vary by county. The statute's published text shows no amendment since 2000. These fees are separate from the deed tax, and county add-on fees are not covered here, so confirm the total with the probate office.

Electronic recording

Alabama adopted the Uniform Real Property Electronic Recording Act (§§ 35-4-120 to 35-4-124; Act 2009-510). Under § 35-4-122, "If a law requires, as a condition for recording, that a document be an original, be on paper or another tangible medium, or be in writing, the requirement is satisfied by an electronic document satisfying this act." A judge of probate may accept electronic documents but must keep accepting paper, and a 14-member Electronic Recording Commission sets the standards. Whether your county accepts electronic recording is up to that probate office.

Alabama's deed tax

Alabama charges a privilege or license tax on deeds, and no deed may be received for record until it is paid (§ 40-22-1). As of 2026-10-08, the rate is $0.50 for each $500 of value or fraction of $500, with a $0.50 tax on property worth $500 or less. The Department of Revenue states it as "Deeds – $.50 per $500 of value or fraction thereof." Section 40-22-1 was last amended by Act 2012-494.

The tax is figured on the purchase price or, if the property is not being sold, its actual value. That means a gift deed or a family quitclaim is taxed on what the property is worth, not on the zero dollars paid. Only value above a mortgage or vendor's lien on which mortgage tax was paid is taxable, and when tenants in common sign several deeds for the same consideration, one tax is due.

The judge of probate computes the tax. If no proof of value is given, the tax is based on the latest assessed value, plus penalties. Two thirds of the tax goes to the State Treasury and one third to the county treasury (§ 40-22-1(g)). Chapter 22 of Title 40 contains no separate county or city deed tax.

Exemptions

Section 40-22-1(b) lists three exemptions:

• transfers of mortgages on which mortgage tax was paid;
• "Deeds or instruments executed for a nominal consideration for the purpose of perfecting the title to real estate"; and
• re-recording of corrected mortgages, deeds or instruments executed to perfect title, and deeds or instruments executed before October 1, 1923.

Subsection (f) also recognizes instruments "exempted by law" elsewhere, which are stamped "No Tax Collected." Exemptions found outside § 40-22-1 are not listed here.

Section 40-22-1(b) has no exemption for gifts, transfers between spouses, transfers under a divorce decree, or transfers into the owner's own trust. A deed with no sale is taxed on actual value, which the Form RT-1 instructions define as "if the property is not being sold, the true value of the property, both real and personal, being conveyed by the instrument offered for record." Whether another Code section exempts divorce or family transfers is not addressed here; ask the judge of probate. For the divorce process itself, see our guide to Alabama divorce laws.

Form RT-1 (Real Estate Sales Validation Form)

Section 40-22-1(c) requires proof of the purchase price, actual value or assessor's market value. The Department of Revenue's Form RT-1, Real Estate Sales Validation Form, is the form for that proof, and it can be supported by a closing statement, sales contract, bill of sale, appraisal or other evidence that does not itself need to be recorded. The form asks for the names and mailing addresses of the grantor and grantee, and it says: "If the conveyance document presented for recordation contains all of the required information referenced above, the filing of this form is not required."

Penalties apply to bad proof of value. Intentionally failing to submit requested proof, or submitting false proof, carries a penalty of the greater of $100 or 25 percent of the tax due (§ 40-22-1(h)), but a good-faith RT-1 filer is protected. A failure or falsity in the proof does not affect the recording or the notice it gives (§ 40-22-1(i)).

Property tax after a quitclaim

The Department of Revenue tells a new owner: "Record the deed in the Probate Office. Assess the property in the Revenue Commissioners Office. Note: Be sure to bring the deed." The homestead exemption for a single-family, owner-occupied dwelling of up to 160 acres is claimed with the local taxing official, and owners who are over 65, permanently and totally disabled, or blind are exempt from the state portion.

The sources cited here do not say whether Alabama reassesses property when it changes hands, or whether an existing homestead exemption continues after a deed. Ask the county revenue commissioner or tax assessor before you sign.

A quitclaim deed does not change the mortgage

A deed changes who owns the property. It does not change who owes the loan. A borrower is released only by the lender: under 12 CFR 191.5(b)(4), when the lender and the new owner agree in writing, before the transfer, that the new owner will be obligated on the loan, "a lender shall release the existing borrower from all obligations under the loan instruments."

If the mortgage has a due-on-sale clause, federal law limits a lender's use of it for certain transfers of residential real property with fewer than five dwelling units (12 U.S.C. § 1701j-3(d)), including a transfer where the borrower's spouse or children become owners and a transfer on the death of a joint tenant. The regulation, 12 CFR 191.5(b), applies these limits to a loan on a home the borrower occupies or will occupy. It protects a transfer to a spouse or child, or a transfer under a divorce decree, legal separation agreement or property settlement, only where the new owner occupies or will occupy the home. It protects a transfer into a living trust only where the borrower "is and remains the beneficiary and occupant of the property," unless the borrower refuses to give the lender reasonable means of getting timely notice of a later transfer or change in occupancy (12 CFR 191.5(b)(1)(vi)). A lender keeps the right to enforce the clause if a later event disqualifies the transfer (12 CFR 191.5(b)(5)). A transfer to a sibling, friend or business is not on the list. Read the loan documents and talk to the loan servicer before signing.

Federal gift tax

A deed given for less than full value can be a gift for federal tax purposes. The IRS says, "The gift tax applies to the transfer by gift of any type of property." For 2026, "the annual exclusion for gifts remains at $19,000" per recipient, the donor is generally responsible for paying any gift tax, and the recipient's basis in gifted property is generally the same as the donor's. A tax professional can explain how this applies to a particular gift.

Deed fraud and the Alabama Property Protection Act of 2026

Alabama enacted the Alabama Property Protection Act of 2026 (SB292, Act 2026-536), effective October 1, 2026 (Act § 5). It adds a new Chapter 21 to Title 35 and a new Chapter 19J to Title 8. In summary, the act:

• lets the Alabama Securities Commission fund a statewide text or email alert when something is recorded on an owner's property (§ 35-21-6), and lets each judge of probate, with the commission, set up a county owner notification service that must be free (§ 12-13-55);
• allows civil penalties against title-fraud violators of up to $100,000 per fraudulent conveyance;
• creates the Alabama Title Fraud Recovery Fund and an expedited quiet-title process for fraudulent conveyances;
• bars a licensed real estate agent or broker from agreeing to sell or lease for an unknown seller who is not physically present unless the seller provides government ID and ownership records, and requires settlement agents to verify the seller's identity before closing on vacant or non-owner-occupied, unencumbered Class III property (§ 35-21-5);
• makes aggravated fraudulent sale or lease of residential property a Class C felony; and
• changes the rules for expunging false liens and for remote notarization.

Whether the statewide alert system is running yet is not confirmed, and the act's exact text on false-lien expungement and remote notarization is not summarized here. Ask your probate office whether it offers a recording alert. The FBI's Internet Crime Complaint Center advises property owners to check whether their county recording office offers a notification service that sends an email or text when a document is recorded in their name.

Transfer-on-death deeds and other alternatives

Alabama law, as cited here, provides no transfer-on-death deed for real estate. One bill, HB406 of 2016 (a Uniform Real Property Transfer on Death Act), stayed pending in committee in the House. Alabama's transfer-on-death provisions in § 8-6-140 and following cover securities only.

For property of an owner who has died, see our guide to Alabama probate. When the new owner wants promises about the title, a deed with covenants of title, which § 35-4-271 reads into the words "grant," "bargain" or "sell," is the alternative to a quitclaim.

Common misconceptions

• "An unrecorded deed is void." Under § 35-4-90, it is void only against purchasers for value, mortgagees and judgment creditors without notice whose rights arise before it is recorded.
• "A gift deed or quitclaim owes no deed tax." When there is no sale, the tax is figured on actual value (§ 40-22-1(c)). Only the listed items, such as a nominal-consideration deed to perfect title, are exempt.
• "My spouse doesn't need to sign because they are not on the deed." For a homestead, § 6-10-3 requires the spouse's voluntary signature and assent regardless of title.
• "Signing a quitclaim takes me off the mortgage." It does not; only the lender can release a borrower (12 CFR 191.5(b)(4)).

Related

• Quitclaim deed rules by state
• Alabama property records
• Quitclaim vs. warranty deed
• Alabama divorce laws
• Alabama probate

Disclaimer: This article provides general legal information about Alabama quitclaim deeds under Titles 6, 12, 35 and 40 of the Code of Alabama and the federal rules noted, verified on 2026-10-08. It is not legal or tax advice. For your situation, contact your county probate office (which cannot give legal advice), a legal aid office, or a lawyer licensed in Alabama.

Last updated: 2026-10-08.

Frequently Asked Questions

How do I file a quitclaim deed in Alabama?

Sign the deed with one attesting witness or acknowledge it before a notary or other officer listed in § 35-4-24 (§§ 35-4-20, 35-4-23), then record it in the office of the judge of probate (§ 35-4-50), paying the deed tax under § 40-22-1 and filing Form RT-1 unless the deed contains all of its information.

Does a quitclaim deed need to be notarized in Alabama?

Section 35-4-20 requires one attesting witness, and an acknowledgment before an authorized officer such as a notary public satisfies that requirement (§ 35-4-23). The judge of probate may refuse to record a deed that is not witnessed, probated or acknowledged as the Code requires (§ 35-4-58).

How much does it cost to record a quitclaim deed in Alabama?

Under the general fee statute, recording is $3.00 per page plus $1.00 for each grantor or grantee name over two (§ 12-19-90(b)), but some counties have local fee laws. As of 2026-10-08, the deed tax adds $0.50 per $500 of value under § 40-22-1; county add-on fees are not included, so confirm with the probate office.

Do you pay deed tax on a quitclaim deed in Alabama?

Usually. When there is no sale, the tax is figured on the property's actual value (§ 40-22-1(c)); the listed exemptions include a deed executed for a nominal consideration to perfect title (§ 40-22-1(b)(2)).

Does my spouse have to sign a quitclaim deed in Alabama?

For a homestead, yes: § 6-10-3 makes a deed of the homestead by a married person invalid without the spouse's voluntary signature and assent, even if the spouse is not on title. The rule for other property is not settled here; ask an Alabama lawyer.

Does a quitclaim deed remove me from the mortgage?

No. The deed changes ownership, not the loan; under 12 CFR 191.5(b)(4), a borrower is released when the lender and the new owner agree in writing, before the transfer, that the new owner will be obligated on the loan.

Does Alabama have a transfer-on-death deed?

No real estate transfer-on-death deed appears in the Alabama Code provisions cited here. A 2016 bill to adopt one, HB406, stayed pending in committee, and Alabama's transfer-on-death provisions in § 8-6-140 and following cover securities only.