Georgia Quitclaim Deed: Requirements, Recording and Transfer Tax

A Georgia quitclaim deed is a deed that passes whatever interest the grantor holds in a property, with none of the title promises a warranty deed makes, and Georgia's superior court clerks record it like any other deed. Two things make it count: it must be executed with the witness and notary formalities Georgia requires for deeds, and it must be filed for record with the clerk of the superior court in the county where the land lies, because under O.C.G.A. 44-2-2, as amended by HB 1292 in 2024, a deed takes effect against good-faith third parties without notice only from the time it is filed. Since January 1, 2025, an owner who files their own deed must e-file it through the GSCCCA eFiling Portal. 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 Georgia law on recording a quitclaim deed: the recording rule in O.C.G.A. 44-2-2 and the self-filer and notary changes made by HB 1292 (2024), the state real estate transfer tax and Form PT-61, homestead exemption timing, the deed fraud remedies HB 1292 added, and the transfer-on-death deed under Chapter 17 of Title 44 as amended by HB 413 (2026). It does not cover title insurance, mortgage lender requirements beyond the federal rules noted below, county fees other than the example given, the full list of transfer tax exemptions, federal income tax, or the law of other states.

What a quitclaim deed does and does not do in Georgia

A quitclaim deed transfers only the interest the grantor actually has, if any, and makes no promise that the title is good. That is the practical difference from a warranty deed, which our guide to quitclaim vs. warranty deeds explains. Quitclaims are commonly used between people who already know the property and each other: adding or removing a spouse, moving a home to a family member, or clearing up title after a divorce.

Georgia's official recording system treats a quitclaim as an ordinary deed. The Georgia Superior Court Clerks' Cooperative Authority (GSCCCA), which runs the statewide filing systems, says a quitclaim deed given for any purpose other than releasing a security interest still needs a transfer tax declaration:

"Note: Quitclaim deeds for purposes other than to release a security interest do require the filing of the PT-61 form, but may be exempt from paying the tax."

A quitclaim deed does not change who owes the mortgage. It changes ownership, and the loan stays where it was until the lender agrees otherwise; the federal rules are covered in the mortgage section below.

Signing, witnesses and the notary

A Georgia deed signed only in front of a notary may not be enough. Gwinnett County's clerk, answering the question "Why do I need 2 witnesses?", says: "Georgia Law requires that all deeds and filings on Real Estate records, be signed, witnessed and notarized with a seal" (county fact). HB 413 (2026) uses similar wording for an instrument revoking a transfer-on-death designation: the signature "shall be attested by an officer as provided in Code Section 44-2-15 and attested by one other witness."

The general witness rule for deeds is in O.C.G.A. 44-5-30; ask the clerk of superior court how it applies to your deed. Confirm with the clerk of the superior court in the county where the property lies exactly who must witness and notarize before anyone signs, and see the GSCCCA, which publishes Georgia's notary law and the statewide e-filing rules.

What the official sources say:

The clerk's staff cannot give legal advice or draft the deed. A lawyer licensed in Georgia can prepare one.

Does a spouse have to sign a Georgia quitclaim deed?

This page does not state a Georgia rule either way on whether a spouse who is not on title must sign a deed; ask a lawyer licensed in Georgia. If you are married and the property is your home, ask a Georgia lawyer before signing. The mortgage section below covers what federal rules say about transfers to a spouse.

Where and how to record a quitclaim deed in Georgia

Record the deed with the clerk of the superior court in the county where the property is located. Under O.C.G.A. 44-2-2, as amended by HB 1292, the clerk files, indexes and permanently records deeds. To search what is already on record in a county, see our guide to Georgia property records.

Recording is what protects the new owner against later buyers and lenders. Section 44-2-2 says:

"Deeds, mortgages, and liens of all kinds which are required by law to be recorded in the office of the clerk of the superior court and which are against the interests of third parties who have acquired a transfer or lien binding the same property and who are acting in good faith and without notice shall take effect only from the time they are filed for record in the clerk's office."

Recording is not what makes the deed valid between the people who signed it. The same section provides that nothing in it affects "the validity, enforceability, or priority of any deed, mortgage, judgment, or lien of any kind between the parties thereto." An unrecorded quitclaim can still bind the grantor, but it leaves the new owner exposed to a good-faith buyer or lender who records first.

Self-filers must e-file since January 1, 2025

HB 1292 changed how people without a title company or lawyer record deeds. The GSCCCA's statewide e-recording rules state:

"On or after January 1, 2025, any deed, mortgage, lien, map, or plat presented to clerk for recording by a self-filer shall be submitted using electronic filing via the GSCCCA eFiling Portal."

A self-filer is a party to the deed who is not one of the professionals HB 1292 lists, which include a title insurance agent, a Georgia attorney, a licensed real estate broker, a bank or mortgage lender's agent, a public official and a licensed land surveyor. Before filing, a self-filer must become an authorized submitter. The rules (version 2025-04-09, effective May 1, 2025) say: "A self-filer must obtain authorized submitter status to present a document for recordation." HB 1292 requires the GSCCCA's rules to have the self-filer provide, through the portal, "information sufficient to identify such individual." The application asks for, among other things, a digital copy of a valid, unexpired driver's license, U.S. passport or Georgia identification card, a separate copy of your signature and a photo taken when you apply. Under O.C.G.A. 44-2-2(e), as amended by HB 1292, each clerk of the superior court must make available a public computer terminal with access to the GSCCCA's electronic filing portal.

Recording fees

The fee is set by the county clerk's published schedule. As one county example, Gwinnett County charges a $25.00 filing fee per document, with some exceptions listed on its fee page. Check the fee page of the clerk in your own county; the real estate transfer tax, if any is due, is paid separately.

Georgia real estate transfer tax and Form PT-61

Georgia imposes a real estate transfer tax under O.C.G.A. 48-6-1 through 48-6-10. The Georgia Department of Revenue says it must be paid before the clerk can record the deed:

"Before a deed, security instrument, or other writing can be recorded in the office of the clerk of the superior court, the real estate transfer tax must be paid."

The rate, per the Department of Revenue, "is based upon the property's sale price at the rate of $1 for the first $1,000 or fractional part of $1,000 and at the rate of 10 cents for each additional $100 or fractional part of $100." The department says the tax is paid by the person who signs the deed or the person it benefits, and that the seller is liable for it, though the parties often agree in the sales contract that the buyer will pay.

Form PT-61 is required even when no tax is due

The Real Estate Transfer Tax Declaration, Form PT-61, is completed online at the GSCCCA website, and a copy goes with the deed. The GSCCCA's PT-61 FAQ says: "A PT-61 form is required if the property ownership is being transferred (changed), except for the exemptions listed in the Help section of the website." That means a quitclaim that removes a name from title, or gives a home to a relative, generally needs a PT-61 even if no tax is owed. The GSCCCA lists security deeds, releases of a security interest, leases that are not estates for years, and affidavits as not needing one.

Exemptions

Georgia law exempts certain transfers from the tax, and the GSCCCA notes that a quitclaim "may be exempt from paying the tax." The GSCCCA's PT-61 help page lists the exemptions that can be selected. They are exemptions from paying the tax, not from filing the PT-61, and the filer still enters the sale price, consideration or estimated value of the property.

The listed exemptions most likely to fit a quitclaim include:

• a deed of gift, described as a deed that "voluntarily transfers legal title to property for no consideration, that is for which no value is received in return";
• "any transfer of real estate between a husband and wife in connection with a divorce case";
• a transfer to or from a fiduciary, such as an executor or trustee, which is exempt "only if the transfer is without valuable consideration";
• a deed correcting an error on a previous filing when there is no consideration;
• a transfer from individual owners to a company in which they hold a majority ownership interest.

Whether one fits depends on the facts of the transfer. The Department of Revenue directs questions about taxability and exemptions to the clerk of the superior court in the county; a Georgia lawyer can also advise before you complete the PT-61.

No county or city transfer tax in Georgia appears in the sources cited here, but that does not confirm that none exists. Check with the clerk.

Property taxes and the homestead exemption

A quitclaim can affect the homestead exemption on the property. The Georgia Department of Revenue says: "To receive the homestead exemption for the current tax year, the homeowner must have owned the property on January 1." The department's page describes April 1 as the historic application deadline and says taxpayers may now apply up to the end of their 45-day window to appeal their notice of assessment. A person who becomes an owner by quitclaim after January 1 should check when they can first claim the exemption.

Counties can require a new application when the deed changes. Fulton County's homestead guide says that if the names on the deed change, even if the same people live in the home, the person on the deed who occupies the property will need to re-apply (county fact). Check your own county's rule.

Whether a transfer by quitclaim changes a property's assessed value is a question for your county tax assessor; this page does not address reassessment.

Deed fraud protections in Georgia

HB 1292 (2024) aimed several changes at forged and fraudulent deeds:

• E-filing and identity for self-filers. Part I, effective January 1, 2025, requires self-filers to e-file and to identify themselves through the GSCCCA portal, and requires notaries to keep a journal for self-filers' documents.
• A civil claim for the owner. New O.C.G.A. 51-9-12 lets an owner sue anyone who knowingly files a false or forged deed and "recover the owner's actual damages caused by the filing, entering, or recording of such false or forged deed or other instrument or $5,000.00, whichever is greater," along with costs and attorney's fees.
• Fees in a cancellation case. HB 1292 amended O.C.G.A. 23-3-41 so that where the defendant fraudulently created the instrument, "the complainant shall be entitled to recover all costs, including reasonable attorney's fees, incurred in bringing the action to cancel such instrument."

The Georgia Attorney General's consumer protection site points owners to the GSCCCA's Filing Activity Notification System (FANS), saying owners "can sign up to receive notifications of certain changes in filing status through the Filing Activity Notification System (FANS)." FANS is opt-in, and the site does not promise it catches every filing. The FBI's Internet Crime Complaint Center gives similar advice in a June 2026 alert: check whether your county offers a service that sends an email or text when a document is recorded in your name.

Transfer-on-death deed: an alternative for passing property at death

If the goal is to pass a home at death rather than now, Georgia authorizes transfer-on-death deeds in Chapter 17 of Title 44 of the Code, amended in 2026 by HB 413, which took effect on the Governor's approval. Unlike a quitclaim, no transfer tax declaration goes with the owner's filing: "A real estate transfer tax declaration form shall not be filed with a transfer-on-death deed filed by the record owner."

After the owner dies, the beneficiary records an affidavit, with a copy of the death certificate and a real estate transfer tax declaration form, with the clerk of superior court in the county where the property lies. Under HB 413, for deaths on or after July 1, 2026, those documents must be recorded within nine months or the interest goes back to the estate. HB 413 also bars an attorney in fact from signing a transfer-on-death deed. For what happens to property that passes through an estate, see our guide to Georgia probate.

Mortgages and quitclaim deeds

No Georgia source on mortgages and quitclaims is cited here, so this section rests on federal regulations. A deed does not remove anyone from a loan; only the lender can release a borrower. Under 12 CFR 191.5(b)(4), if, before the transfer, the lender and the new owner agree in writing that the new owner will be obligated on the loan, then on that agreement "a lender shall release the existing borrower from all obligations under the loan instruments."

Federal law limits when a lender can call a home loan due because of a transfer. Under 12 U.S.C. 1701j-3(d), for a loan on residential property with fewer than five dwelling units, a lender may not use a due-on-sale clause for certain transfers, including a transfer where the borrower's spouse or children become an owner, and a transfer on the death of a joint tenant or tenant by the entirety. The federal regulation, 12 CFR 191.5(b), applies these limits to a loan on a home occupied or to be occupied by the borrower, and covers:

• a transfer where the spouse or children become an owner, or a transfer from a divorce decree, legal separation agreement or property settlement by which the spouse becomes an owner, where the person taking title occupies or will occupy the property (12 CFR 191.5(b)(1)(v));
• a transfer into a living (inter vivos) trust in which the borrower is and remains the beneficiary and occupant, unless the borrower refuses to give the lender reasonable means of notice of later transfers (12 CFR 191.5(b)(1)(vi)).

These limits are conditional, and a lender keeps the right to enforce the clause if a later event disqualifies the transfer (12 CFR 191.5(b)(5)). Transfers outside the listed categories, such as to a sibling or friend, are not covered. Talk to the lender before signing. Federal servicing rules also recognize a "successor in interest," such as a spouse or child who receives an ownership interest from a borrower (12 CFR 1024.31). If the transfer is part of a divorce, see our guide to Georgia divorce laws.

Federal gift tax on a quitclaim to a family member

Giving property away by quitclaim 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," and that you make a gift if you give property "without expecting to receive something of at least equal value in return." For 2026, "the annual exclusion for gifts remains at $19,000" per recipient. The IRS lists gifts to your spouse among gifts that are not taxable, though for a spouse who is not a U.S. citizen the 2026 annual exclusion is $194,000. The IRS also says the donor is generally responsible for any gift tax, and says the recipient's basis in gifted property is generally the same as the donor's. Ask a tax professional how these rules apply to your transfer.

Common myths about Georgia quitclaim deeds

"A gift or quitclaim deed needs no tax paperwork." The GSCCCA says quitclaim deeds other than releases of a security interest require a PT-61, even if no tax is due.

"A deed is not valid until it is recorded." Section 44-2-2 preserves a deed's validity between the parties. Recording matters against good-faith third parties without notice, so record promptly anyway.

"A quitclaim takes me off the mortgage." It does not. Only the lender can release a borrower, for example under a written assumption agreement made before the transfer (12 CFR 191.5(b)(4)).

Related

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

This article provides general legal information about Georgia law on quitclaim deeds, verified on 2026-10-08. It is not legal or tax advice. For your situation, contact the clerk of the superior court in your county (who cannot give legal advice), a legal aid office, or a lawyer licensed in Georgia.

Last updated: 2026-10-08.

Frequently Asked Questions

How do I file a quitclaim deed in Georgia?

Have the deed signed, witnessed and notarized as Georgia requires (confirm the rules with your county clerk), complete Form PT-61 online at the GSCCCA if ownership is changing, and record the deed with the clerk of the superior court in the county where the property lies. Since January 1, 2025, a self-filer must e-file through the GSCCCA eFiling Portal under HB 1292.

Does a quitclaim deed need to be notarized in Georgia?

Yes, and witnesses are needed too. Gwinnett County's clerk says Georgia law requires deeds to be signed, witnessed and notarized with a seal, and it explains why 2 witnesses are needed. The official Code text is not quoted here, so confirm the exact witness requirement with the clerk of the superior court in your county before signing.

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

Each county clerk publishes its fee schedule. Gwinnett County, for example, charges $25.00 per document with some exceptions, and any real estate transfer tax is paid separately.

Do you pay transfer tax on a quitclaim deed in Georgia?

Georgia's real estate transfer tax is $1 for the first $1,000 of sale price and 10 cents for each additional $100, per the Department of Revenue. The GSCCCA says a quitclaim other than a release of a security interest requires a PT-61 but may be exempt from paying the tax. The GSCCCA's exemption list includes a deed of gift for no consideration and a transfer between husband and wife in connection with a divorce case; an exempt filer still files the PT-61 and enters the price or estimated value. Ask the clerk which exemption fits.

Can I e-file a quitclaim deed myself in Georgia?

Yes, and since January 1, 2025 a self-filer must. The GSCCCA rules require a self-filer to obtain authorized submitter status and provide identifying information through the GSCCCA eFiling Portal.

Do I need a PT-61 to remove a name from a deed in Georgia?

Generally yes. The GSCCCA says a PT-61 is required whenever ownership is being transferred or changed, with exceptions such as security deeds, releases of a security interest and affidavits.

Does a quitclaim deed affect my Georgia homestead exemption?

It can. The homestead exemption depends on owning the home on January 1, and Fulton County, for example, says the occupying owner must re-apply when the names on the deed change.

Does a quitclaim deed remove me from the mortgage?

No. A deed changes ownership, not the loan; only the lender can release a borrower, for example when, before the transfer, the lender and the new owner agree in writing that the new owner will be obligated on the loan (12 CFR 191.5(b)(4)).