Tennessee Quitclaim Deed: Requirements, Recording and Transfer Tax

A Tennessee quitclaim deed passes only the grantor's interest in the land and "contains no title covenants and offers no warranty as to the status of the property title," as the Tennessee Department of Revenue's recordation tax manual puts it. Tenn. Code Ann. § 66-5-103(2) provides a one-sentence statutory short form for a quitclaim deed.

To be recorded, the grantor must sign with an original signature that is either acknowledged according to law or proved by at least two subscribing witnesses (Tenn. Code Ann. § 66-22-101), and the deed is recorded by the county register of deeds, who collects the state recordation tax of $0.37 per $100 from the grantee before recording. 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 Tennessee's deed execution and recording requirements in Title 66 of the Tennessee Code Annotated, the realty transfer (recordation) tax in § 67-4-409 as the Department of Revenue describes it, 2026 legislation affecting deeds, and the federal mortgage and gift-tax rules that apply in every state. The Tennessee statute text summarized here came through the University of Tennessee County Technical Assistance Service (CTAS) and the Department of Revenue's manual. It does not cover title insurance, lender underwriting, property tax reappraisal, which counties charge the optional e-filing fee, or any other state's law.

What a quitclaim deed does in Tennessee

A quitclaim deed passes whatever interest the grantor holds, if any, and makes no promise about the title. The Department of Revenue's Realty Transfer and Recordation Tax manual says it plainly: "A quitclaim deed contains no title covenants and offers no warranty as to the status of the property title." For how this compares with a deed that does carry warranties, see our guide to quitclaim vs. warranty deeds.

Tennessee also draws a line between a true quitclaim and a deed that only carries the label. Under the Department's manual, "A deed is treated as a quitclaim deed if the deed contains language substantially similar to the form for quitclaim deeds in Tenn. Code Ann. 66-5-103(2), and only conveys the grantor's interest to the grantee." The manual explains that a deed with "to have and to hold" language, "in fee simple" language or a warranty clause is taxed like a warranty deed on full value, even if it is titled a quitclaim.

The statutory short form

Section 66-5-103(2) provides a short form for a quitclaim deed made up of a single sentence in which the grantor quitclaims to the grantee all of the grantor's interest in the described land. This page describes that statute; it does not offer it as a deed for you to complete. No official state or county fill-in quitclaim form is cited here. A Tennessee lawyer can prepare a deed, and the county register cannot give legal advice.

How to sign a quitclaim deed in Tennessee

Under Tenn. Code Ann. § 66-22-101, as quoted by CTAS, to authenticate a document for recording "the maker or the natural person acting on behalf of the maker shall execute the instrument or document by that person's original signature and such signature shall be either acknowledged according to law or proved by at least two (2) subscribing witnesses." An original signature can include an electronic signature, and the register may refuse a document that is not authenticated this way.

Witnesses are an alternative to an acknowledgment, not an extra step. Under § 66-22-102, acknowledgments may be taken by county clerks, clerks and masters of chancery courts, or a notary public of a Tennessee county. The register of deeds cannot take an acknowledgment.

Those officers apply when the signer resides or is within Tennessee. A grantor signing in another state acknowledges under § 66-22-103, which, as CTAS describes it, can require special certification of the officer who takes the acknowledgment.

Whether a spouse who is not on the title must also sign a Tennessee deed is a question for a Tennessee lawyer. If you are married, and especially if the property is your home, ask a Tennessee lawyer before the deed is signed.

What a Tennessee deed must contain to be recorded

Tennessee registers check several items before they accept a deed. These are recording requirements; some of the statutes say that a missing item does not by itself make the deed invalid.

Under § 66-24-114, "The register is prohibited from recording a deed of conveyance of real property, except for a deed of trust or mortgage, unless there is included on the instrument, the name and address of a property owner and the name and address of the person or entity responsible for the payment of the real property taxes."

The preparer rule in § 66-24-115, as CTAS quotes it, makes an instrument ineligible for registration "without the name and address of the person or governmental agency which prepared the instrument appearing within the instrument." Under § 66-24-115(a)(2), if a register records an instrument that lacks the preparer's name and address, the instrument still becomes notice.

New in 2026: who may write a new property description

Public Chapter 996 of 2026 (HB 1970 / SB 1985), which amends Tenn. Code Ann. § 66-5-105, provides that "The description of real property contained within a deed of conveyance of a property not previously described in a recorded instrument must be prepared by a land surveyor, as defined in § 62-18-102, who is registered pursuant to § 62-18-101, or by a licensed attorney utilizing a survey prepared by a licensed land surveyor who is registered pursuant to § 62-18-101." The act took effect when the Governor signed it on May 19, 2026.

This matters most when a quitclaim carves out part of a parcel or describes land in a new way. A quitclaim that reuses the description from a recorded deed is describing property that has already been described in a recorded instrument.

Recording a quitclaim deed with the county register of deeds

Tennessee deeds are recorded by the register of deeds in the county where the property lies. You can learn how to search a county's recorded deeds in our guide to Tennessee property records.

Recording is what protects the new owner against outsiders. Under Tenn. Code Ann. § 66-26-101, a recordable instrument has effect between the parties and their heirs and representatives without registration, "but as to other persons, not having actual notice of them, only from the noting thereof for registration." Under § 66-26-102, a registered instrument is notice to everyone from the time it is noted for registration, and under § 66-26-103, an unregistered instrument is void as to existing or later creditors of the maker, and bona fide purchasers from the maker, who lack notice.

Register fees are set by state statute (Tenn. Code Ann. § 8-21-1001), not by each county. As summarized by the University of Tennessee's County Technical Assistance Service, the standard fee is $10 for each document (pages up to 8 1/2 by 14 inches), plus $5 for each page over two and $5 for each additional instrument in the document. A $2 data processing fee per instrument is collected in addition in all counties, which CTAS says makes the total fees collected across the state uniform, and the register charges $1 for issuing each receipt for state taxes (§ 67-4-409).

One county option remains: with county legislative body approval, a register may charge a $2 filing fee for documents filed through the county's electronic filing portal (§ 8-21-1001(j)). Confirm the total with your register before you go. Electronic filing portals vary by register; your register can tell you whether it accepts e-recorded deeds.

Tennessee recordation tax on a quitclaim deed

Tennessee taxes the recording of deed transfers. The Department of Revenue's manual says: "Tennessee imposes a tax of $0.37 per $100 for the privilege of publicly recording documents evidencing all transfers of realty." The tax is a state tax, paid by the grantee, and collected by the county register before the deed is recorded. In the Department's words, "Recordation tax is collected by the county register of deeds and remitted to the Department of Revenue."

For most deeds the tax base is the consideration or the property's value, whichever is greater. A true quitclaim is different. Under § 67-4-409(a)(4), as the Department's manual describes it, "The tax base for a quitclaim deed is the consideration given." A deed that only uses the quitclaim label but carries warranty or fee-simple language is taxed on full value, as explained above.

The sources cited here impose no county or city transfer tax; ask the register whether any local charge applies.

The oath of consideration

The manual says "The grantee or trustee must state under oath upon the face of the instrument offered for record in the presence of the register the actual consideration or value, whichever is greater, for the transfer of a freehold estate." The oath may also be made by the grantee's agent, or before an officer authorized to administer oaths. No oath is required on an exempt transfer.

A family quitclaim given for no money therefore has a tax base of zero, but because it is not on the exempt list, the grantee's oath is still expected. The Department's manual also describes a discovery program that compares the values sworn on recorded deeds, including quitclaim deeds, with assessor values, so a quitclaim recited at a nominal amount on a property worth much more can draw a Department inquiry.

Transfers the Department lists as not taxed

The Department's manual lists these transfers as not subject to the realty transfer tax:

• leasehold transfers;
• creating or dissolving a tenancy by the entirety by a conveyance between spouses, and the related reconveyances;
• deeds of division between tenants in common;
• releasing a life estate to the remaindermen;
• executor deeds carrying out a devise in a will, and trustee deeds carrying out a devise or distributing to beneficiaries;
• "domestic settlement decrees, domestic decrees, or deeds that are an adjustment of property rights between divorcing parties";
• transfers to a revocable living trust by the same transferor or the transferor's spouse, and transfers back.

The manual's separate exemptions section adds that no recordation tax is due on a transfer of property to a government entity. As noted above, no oath is required on an exempt transfer; ask the register how it wants the exemption shown on the deed. A plain gift from a parent to a child is not on the list. For a quitclaim, the actual-consideration rule is what keeps the tax low on a gift. If the deed is part of a divorce, see our overview of Tennessee divorce laws.

For property tax effects of a transfer, such as reappraisal, ask the county assessor of property.

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, before the transfer, the lender and the new owner agree in writing 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, such as one to a sibling or friend, 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," including real estate given 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 house or a share of one requires anything further from you.

Deed fraud protections in Tennessee

Tennessee's deed fraud alerts are run by county registers, not by a statewide program. The Davidson County Register of Deeds (Nashville) offers a fraud alert service it describes as "free of charge," which emails an owner when a recorded document matches the names the owner registered. An alert only tells you something was recorded; it does not remove the document. Ask your own county register whether it offers a similar service.

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

At the state level, Public Chapter 941 of 2024 directed the Tennessee Advisory Commission on Intergovernmental Relations (TACIR) to study real estate fraud. TACIR recommended notary training, identity verification and notary journals, and suggested that the General Assembly "Define specific felony offenses for deed theft and real property fraud within the state's criminal code and authorize higher fines for these crimes." Those are recommendations, not law.

Bills that did not become law

• Transfer-on-death deeds. Tennessee has no transfer-on-death deed statute. SB 2029, the Tennessee Uniform Real Property Transfer on Death Act, was referred to the Senate Judiciary Committee on February 5, 2026, and the sponsor of the House companion, HB 1793, was withdrawn on February 25, 2026. The Office of Legal Services' August 27, 2026 compilation of 2026 Public Chapters lists no transfer-on-death deed act. For passing a home at death, see our guide to Tennessee probate.
• Who may prepare a deed. HB 1762 / SB 1707 would have limited who could prepare a deed (a Tennessee attorney, a title insurance agent, the owner or a person with legal authority) and required a preparer affidavit verified by the register. The official bill page shows that the House and Senate passed it with differing amendments and a conference committee was appointed on April 22, 2026, with no Public Chapter shown, and it is not among the 2026 Public Chapters in the August 27, 2026 compilation. It is not law, and the current preparer rule is the name-and-address requirement in § 66-24-115.

Common myths about Tennessee quitclaim deeds

• "A quitclaim deed to family is tax-free." Not automatically. A family gift is not on the exempt list; for a true quitclaim, the tax is $0.37 per $100 of the actual consideration, and the oath is still expected.
• "A quitclaim deed is not valid until it is recorded." Between the parties, a recordable instrument has effect without registration (§ 66-26-101). Recording protects against later creditors and purchasers without notice.
• "Signing a quitclaim deed 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
• Tennessee property records
• Quitclaim vs. warranty deed
• Tennessee divorce laws
• Tennessee probate

Disclaimer: This article provides general legal information about Tennessee quitclaim deeds under Titles 66 and 67 of the Tennessee Code Annotated and 2026 Tennessee legislation, verified on 2026-10-08. It is not legal or tax advice. For your situation, contact your county register of deeds (who cannot give legal advice), a legal aid office, or a lawyer licensed in Tennessee.

Last updated: 2026-10-08.

Frequently Asked Questions

How do I file a quitclaim deed in Tennessee?

Sign the deed with an original signature that is acknowledged or proved by two subscribing witnesses (§ 66-22-101), make sure it carries the source of title, owner and taxpayer, preparer and parcel number details (§§ 66-24-110, -114, -115, -122), and record it with the register of deeds in the county where the property lies, paying any recordation tax.

Does a quitclaim deed need to be notarized in Tennessee?

To be recorded, the signature must be acknowledged according to law or proved by at least two subscribing witnesses (§ 66-22-101). For a signer in Tennessee, a notary, county clerk or clerk and master can take the acknowledgment (§ 66-22-102); a grantor signing in another state follows § 66-22-103.

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

The recordation tax is $0.37 per $100, paid by the grantee. For a deed that qualifies as a quitclaim, the base is the actual consideration given (§ 67-4-409(a)(4)), so a quitclaim given for no money has a zero base, but the grantee's oath is still expected.

Is a quitclaim deed from a parent to a child exempt in Tennessee?

A plain gift to a child is not on the Department of Revenue's list of untaxed transfers. For a true quitclaim, the tax is figured on the actual consideration, and the Department compares sworn values with assessor values.

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

Register fees are set by state statute (§ 8-21-1001): as CTAS summarizes them, $10 per document plus $5 for each page over two, a $2 data processing fee per instrument, and $1 for the state tax receipt, with an optional $2 county e-filing fee. The recordation tax of $0.37 per $100 of consideration is collected separately from the grantee before recording, so confirm the total with your register.

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, before the transfer, the lender and the new owner agree in writing that the new owner will be obligated on the loan.

Does Tennessee have a transfer-on-death deed?

Tennessee has no transfer-on-death deed statute. The 2026 bills, SB 2029 and HB 1793, did not pass.

Who can prepare a quitclaim deed in Tennessee?

Current law requires the preparer's name and address on the deed (§ 66-24-115), and Public Chapter 996 (2026) requires a new property description to come from a registered surveyor or a licensed attorney using a survey. The 2026 bill that would have limited who may prepare deeds, HB 1762 / SB 1707, shows no Public Chapter.