Kentucky Quitclaim Deed: Requirements, Recording and Transfer Tax

A Kentucky quitclaim deed is a deed that conveys the grantor's interest without the statutory words of warranty; the grantor's signature must be acknowledged before a notary or the county clerk, or proved by subscribing witnesses, before the clerk will record it (KRS 382.130). It is recorded with the county clerk where the property, or the greater part of it, is located (KRS 382.110), along with a sworn certificate of consideration or, for a gift, of the property's estimated value (KRS 382.135).

Kentucky's statutes do not define a "quitclaim deed" or provide a short form. For other states, see our guide to quitclaim deed rules by state.

Information last verified on 2026-10-09. This article has not been reviewed by a licensed lawyer.

Jurisdiction scope: This article covers Kentucky's deed and recording statutes in KRS Chapter 382, the county clerk recording fee in KRS 64.012, the real estate transfer tax in KRS 142.050, dower and curtesy in KRS 392.020, the homestead exemption in KRS 132.810, and the federal mortgage and gift-tax rules that apply in every state. It does not cover title insurance, lender underwriting, any county or city transfer tax, county page-format rules, property reassessment, federal gift tax filing, or any other state's law.

What a quitclaim deed does in Kentucky

Kentucky law requires a deed for any lasting transfer of land. Under KRS 382.010, "no estate of inheritance or freehold, or for a term of more than one (1) year, in real property shall be conveyed, except by deed or will."

Kentucky creates warranties through specific words. Under KRS 382.030, a covenant "that he will warrant the property hereby conveyed," or the words "with warranty" or "with general warranty," create general warranty. Under KRS 382.040, the words "with special warranty" or a covenant "that he will warrant specially the property thereby conveyed" create special warranty. A deed that uses none of these words, or words of like import, carries no statutory warranty, which is what people mean by a quitclaim deed in Kentucky.

What a no-warranty deed passes in a particular case is a question of case law that this page does not cover. For how it compares with a deed that does carry warranties, see our guide to quitclaim vs. warranty deeds. No official state or county quitclaim form is among the sources cited here; a Kentucky lawyer can prepare a deed, and the county clerk cannot give legal advice.

How to sign a Kentucky quitclaim deed

Kentucky law expects a deed to be acknowledged or proved before it is recorded (KRS 382.130), although since 2022 a deed recorded without that step is still treated as validly lodged and gives notice (KRS 382.270). KRS 382.130 lists the ways a deed executed in Kentucky may be admitted to record, including:

• "On the acknowledgment, before the proper clerk, by the party making the deed";
• on the certificate of a county clerk or notary public that the deed was acknowledged before that officer;
• "By the proof of two (2) subscribing witnesses, or by the proof of one (1) subscribing witness, who also proves the attestation of the other."

Most deeds use a notary's acknowledgment, and no witnesses are needed when the deed is acknowledged. The officer taking it certifies that the grantor appeared, acknowledged signing, and was known to the officer or satisfactorily identified (KRS 423.130).

What a Kentucky deed must contain to be recorded

Kentucky county clerks check several items before they accept a deed. For the source-of-title, preparer and certificate rules, the statutes also say that a deed recorded without the item is not invalid or still gives notice.

On source of title, KRS 382.110 provides that "A county clerk or deputy county clerk shall not admit to record any deed of conveyance of any interest in real property equal to or greater than a life estate unless the deed plainly specifies and refers to the immediate source from which the grantor derived title to the property or the interest conveyed in the deed." Under KRS 382.110(8), a deed is not invalid because it was lodged for record contrary to that section. KRS 382.110 was amended by 2026 Ky. Acts ch. 113, effective July 15, 2026.

On the preparer statement, KRS 382.335 bars recording "unless the instrument has endorsed on it, a printed, typewritten, or stamped statement showing the name and address of the individual who prepared the instrument, and the statement is signed by the individual." Under KRS 382.335(5), recording a deed without it still gives notice. Page size, margins and fonts are set by county clerks rather than state statute, so check your county's rules.

The gift certificate

A quitclaim to a family member is often a gift, and KRS 382.135 requires a specific certificate for it: "In the case of a transfer either by gift or with nominal or no consideration, a sworn, notarized certificate signed by the grantor or his or her agent and the grantee or his or her agent, or the parent or guardian of a person under eighteen (18) years old, stating that the transfer is by gift and setting forth the estimated fair cash value of the property."

KRS 382.135(2) exempts some deeds from the consideration and certificate items, including deeds transferring property by court action in a divorce and deeds correcting errors between the same parties. The clerk may not lodge a deed that does not comply, but the statute also provides that "The receipt for record and recording of any instrument by the county clerk not in compliance with this section shall not prevent the record of filing of the instrument from becoming notice."

Does a spouse have to sign?

Kentucky keeps dower and curtesy. Under KRS 392.020, a surviving spouse takes "an estate for his or her life in one-third (1/3) of any real estate of which the other spouse or anyone for the use of the other spouse, was seized of an estate in fee simple during the coverture but not at the time of death, unless the survivor's right to the interest has been barred, forfeited, or relinquished."

That interest can reach property sold or given away during the marriage. For that reason, a spouse who is not on the title is commonly asked to join the deed to release it, and KRS 392.040 refers to a deed "in which the surviving spouse joined." KRS 392.020 was amended by 2026 Ky. Acts ch. 134, effective July 15, 2026, including its rules on real estate transferred within two years before death, and this page does not analyze how the amended text treats a transfer to a child or a trust. If you are married, ask a Kentucky lawyer before signing. If the deed is part of a divorce, see our overview of Kentucky divorce laws.

Recording with the county clerk

Kentucky deeds are recorded by the county clerk. Under KRS 382.110, a deed "shall be recorded in the county clerk's office of the county in which the property conveyed, or the greater part of the property conveyed, is located." To search what is already recorded, see our guide to Kentucky property records.

Recording protects the new owner against outsiders. Under KRS 382.270, "no deed or deed of trust or mortgage conveying a legal or equitable title to real property shall be lodged for record and, thus, valid against a purchaser for a valuable consideration, without notice thereof, or against creditors, until such deed or mortgage is acknowledged or proved according to law." A 2022 amendment adds that a deed not acknowledged or proved but "otherwise lodged for record" is "deemed to be validly lodged for record," and all interested parties are on constructive notice of its contents. Between the grantor and the grantee, recording is a matter of priority against third parties, not validity.

Recording fees

KRS 64.012 sets a statewide county clerk fee to record and index a deed:

Of the $33.00, the clerk keeps $27 and $6 goes to the affordable housing trust fund. Transfer tax is separate.

Electronic recording

Kentucky law required every county clerk, by January 1, 2024, to "provide and maintain the portal that allows a person to electronically file any recorded instrument," which includes deeds. The same law (KRS 65.032) required an online portal of deeds filed since June 30, 1994 by June 30, 2024, and of deeds filed from June 30, 1966 to June 30, 1994 by June 30, 2026.

Kentucky real estate transfer tax on a quitclaim deed

Kentucky taxes the grantor, not the buyer. KRS 142.050 provides: "A tax upon the grantor named in the deed shall be imposed at the rate of fifty cents ($0.50) for each $500 of value or fraction thereof, which value is declared in the deed upon the privilege of transferring title to real property."

The county clerk computes the tax from the value declared in the deed and "shall collect the amount as prerequisite to acceptance of the deed for recordation." There is no separate transfer tax return; the sworn certificate under KRS 382.135 is part of the deed. The clerk keeps 5 percent and sends the rest to the county general fund.

A quitclaim given for nothing is not automatically taxed at zero. For "a gift, or any deed with nominal consideration or without stated consideration," the value is "the estimated price the property would bring in an open market."

Exemptions that fit quitclaim situations

KRS 142.050 exempts deeds:

• "Between husband and wife, or between former spouses as part of a divorce proceeding";
• "Between parent and child or grandparent and grandchild, with only nominal consideration therefor";
• that confirm or correct a deed previously recorded;
• made only as security for a debt;
• to a trustee, or from a trustee to a beneficiary, if "The grantor is the sole beneficiary of the trust," or if a direct transfer to all the other beneficiaries would itself have been exempt.

Those are the exemptions most likely to fit a quitclaim; the statute lists others. Gifts to anyone else, such as a sibling, niece or friend, are not on that list. Subsection (7)(b) mentions deeds of gift only for transfers to the United States, the state, or a Kentucky city or county or one of its agencies, and the definition of value expressly covers gifts, so a gift that fits none of the listed exemptions is taxed on its estimated open-market price. Confirm with the county clerk before recording. This page does not address any county or city transfer tax, so ask the county clerk.

Property tax: the Kentucky homestead exemption

Kentucky's homestead exemption under KRS 132.810 is for owners who are 65 or older or totally disabled. It is claimed by application to the county property valuation administrator, and "Every person filing an application for exemption under the homestead exemption provision must own and maintain the property for which the exemption is sought as his personal residence."

A quitclaim that moves the home to someone who does not live there can affect that requirement, so check with the property valuation administrator before signing. The Department of Revenue set the maximum exemption at $49,100 for the 2025 and 2026 tax periods, and says the home must be "owned, occupied and maintained as the taxpayer's personal residence on the January 1 assessment date," so who owns and lives in the home on January 1 matters. Whether a transfer changes a property's assessment is a question for the county property valuation administrator.

Does a quitclaim deed remove me from the mortgage?

No. A deed changes who owns the property; it does not change who owes the loan. Under 12 CFR 191.5(b)(4), the lender releases the existing borrower when the lender and the new owner agree in writing, before the transfer, that the new owner will be obligated on the loan.

Many mortgages let the lender demand full payment when the property is transferred. Federal law limits that power for some family transfers. For a loan on residential property with fewer than five dwelling units (12 U.S.C. 1701j-3(d)), 12 CFR 191.5(b) applies the limits to "any loan on the security of a home occupied or to be occupied by the borrower," and protects:

• a transfer where the spouse or children of the borrower become an owner, and a transfer under a divorce decree, legal separation agreement or incidental property settlement by which the spouse becomes an owner, when the new owner occupies or will occupy the property;
• a transfer into a living trust in which the borrower "is and remains the beneficiary and occupant of the property," with the notice condition in § 191.5(b)(1)(vi);
• a transfer by devise, descent or operation of law on the death of a joint tenant or tenant by the entirety.

These exceptions do not cover every transfer, and under § 191.5(b)(5) a later event can disqualify a transfer that once fit. Read the loan documents and contact the loan servicer before signing.

Gifts to family: federal gift tax basics

The IRS says the gift tax "applies to the transfer by gift of any type of property," which includes giving real estate for less than full value. For 2026 the annual exclusion is $19,000 per recipient. A tax professional can explain whether a gift of a home, or a share of one, requires anything further from you.

Deed fraud alerts

Many Kentucky county clerks offer free email alerts when a document is recorded in your name. The Oldham County Clerk, for example, says: "You can register to receive email notifications whenever a mortgage or deed is filed in your name or your business name at the County Clerk's Office." These services are run county by county, not under a statewide law, so ask your own county clerk. An alert tells you something was recorded; it does not remove the document.

The FBI's Internet Crime Complaint Center, in a June 2026 public service announcement, also advised owners to check whether their county clerk offers notification services.

Is there a transfer-on-death deed in Kentucky?

Not under current law, based on the Kentucky statutes and bills cited here. The Kentucky Uniform Real Property Transfer on Death Act has been introduced repeatedly, including 2017 HB 357, 2018 HB 94 and bills in 2023-24. The 2026 version, SB 34, would "Create new sections of KRS Chapter 391 to establish the Kentucky Uniform Real Property Transfer on Death Act"; the Legislature's record shows its last action on March 24, 2026, "to Local Government (H)." For passing a home at death, see our guide to Kentucky probate.

Common myths about Kentucky quitclaim deeds

• "A quitclaim deed is not valid until it is recorded." Kentucky's recording statutes make an unrecorded deed ineffective against a purchaser for value without notice and against creditors; recording is about priority against third parties, not validity between the parties.
• "A gift deed is free of transfer tax." Only some are. Value for a gift is the open-market price, and the exemptions that fit family gifts cover spouses, divorce, and parent-child or grandparent-grandchild transfers for nominal consideration.
• "A deed that misses a required item is void." Under KRS 382.135 and 382.335(5), a deed the clerk records despite a missing item still becomes notice.
• "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
• Kentucky property records
• Quitclaim vs. warranty deed
• Kentucky divorce laws
• Kentucky probate

Disclaimer: This article provides general legal information about Kentucky quitclaim deeds under the Kentucky Revised Statutes, including KRS Chapters 382, 142 and 392, verified on 2026-10-09. It is not legal or tax advice. For your situation, contact your county clerk (who cannot give legal advice), a legal aid office, or a lawyer licensed in Kentucky.

Last updated: 2026-10-09.

Frequently Asked Questions

How do I file a quitclaim deed in Kentucky?

Have the grantor's signature acknowledged before a notary or county clerk (KRS 382.130), make sure the deed states the source of title, the grantee's mailing address, the preparer statement and the consideration or gift certificate (KRS 382.110, 382.335 and 382.135), and record it with the county clerk where the property is located, paying the recording fee and any transfer tax.

Does a quitclaim deed need to be notarized in Kentucky?

Kentucky law expects a deed to be acknowledged or proved before it is recorded; KRS 382.130 accepts acknowledgment before the clerk, a clerk's or notary's certificate of acknowledgment, or proof by subscribing witnesses, although since 2022 a deed recorded without that step is still treated as validly lodged and gives notice (KRS 382.270). The consideration or gift certificate required by KRS 382.135 must itself be sworn and notarized.

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

KRS 64.012 sets $33.00 to record and index a deed of up to five pages, $3.00 for each additional page and $4.00 for each additional reference to the same instrument. Transfer tax, if due, is collected separately.

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

Unless an exemption applies, the grantor pays $0.50 per $500 of value, and for a gift the value is the estimated open-market price (KRS 142.050). Transfers between spouses, between former spouses in a divorce proceeding, and between parent and child or grandparent and grandchild for nominal consideration are exempt.

Is a quitclaim deed to my child exempt from Kentucky transfer tax?

A transfer between parent and child, or grandparent and grandchild, with only nominal consideration is exempt under KRS 142.050. A gift to other relatives or friends is not on the exemption list, and its value for the tax is the estimated open-market price, so confirm with the county clerk before recording.

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

Kentucky law gives a surviving spouse a life estate in one-third of real estate the other spouse owned during the marriage unless that right was barred, forfeited or relinquished (KRS 392.020), so a spouse who is not on title is commonly asked to join the deed. Ask a Kentucky lawyer how this applies to your property.

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 Kentucky have a transfer-on-death deed?

No enacted transfer-on-death deed law was found. The Kentucky Uniform Real Property Transfer on Death Act has been introduced several times, and the 2026 version, SB 34, shows a last action of March 24, 2026, referred to the House Local Government committee.