Utah Quitclaim Deed: Requirements, Recording, Fees and Taxes

A Utah quitclaim deed transfers whatever right, title and interest the grantor holds in the land on the date of the deed, with no promise that the title is good (Utah Code 57-1-13). It must be a signed writing, it needs a notary's certificate of acknowledgment (or another notarial certificate the statute accepts) to be recorded, and it is recorded with the county recorder of the county where the property is located (Utah Code 57-3-101). Recording is what protects the new owner against a later buyer. 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 Utah law on quitclaim deeds: the conveyance statutes in Title 57, Chapter 1 (including the quitclaim form in 57-1-13 and joint tenancy in 57-1-5), the recording statutes in Title 57, Chapter 3, the county recorder statutes in Title 17, Chapter 71, the homestead joinder rule in 78B-5-504, the residential property tax exemption in 59-2-103 and 59-2-103.5, the Fraudulent Deeds Act (Title 57, Chapter 31) and transfer on death deeds (Title 75, Chapter 6), with federal mortgage and gift-tax points where they affect a family transfer. It does not cover title insurance, a lender's own underwriting rules, county fees or programs beyond those named, water rights law, or other states' laws.

What a quitclaim deed does in Utah

Utah Code 57-1-13, titled "Form of quitclaim deed," says a conveyance of land "may also be substantially in the following form" and gives a short form in which the grantor "hereby quitclaims to" the grantee. The form names the grantor and grantee with their places of residence, recites a sum in dollars, and describes the land and the Utah county where it lies. The current version of the section took effect May 7, 2025.

The same section states what the deed does: "A quitclaim deed when executed as required by law shall have the effect of a conveyance of all right, title, interest, and estate of the grantor in and to the premises therein described and all rights, privileges, and appurtenances thereunto belonging, at the date of the conveyance." It carries no covenants of title.

Utah's after-acquired title rule does not reach a quitclaim. Utah Code 57-1-10 states: "Subsection (1) does not apply to a conveyance by quitclaim deed." So if the grantor gets a better title after signing, that later title does not pass to the grantee under the quitclaim. Utah's warranty deed form, by contrast, uses the words "hereby conveys and warrants" (Utah Code 57-1-12), and a special warranty form appears in 57-1-12.5. For how those deeds compare, see quitclaim vs. warranty deeds.

People use a quitclaim to add or remove a spouse, give a home to a child, move a home into their own trust, or clear up title after a divorce. Each of those has its own property-tax and mortgage points, covered below.

Utah quitclaim deed requirements

Utah Code 25-5-1 requires a writing for any grant of an interest in real property (other than a lease of one year or less): the deed or conveyance must be "subscribed by the party creating, granting, assigning, surrendering or declaring the same," or by that party's agent authorized in writing. The recording statutes then add conditions a deed must meet before the county recorder will accept it.

Notarization

Utah Code 57-3-101(1) provides that a certificate of acknowledgment, a certificate of proof of execution, or a jurat or other notarial certificate "that is signed and certified by the officer taking the acknowledgment, proof, or jurat" entitles the document to be recorded "in the office of the recorder of the county where the real property is located."

In Utah, notarial acts may be performed by a judge, a court clerk with a seal, a notary public, or a county clerk or county recorder (Utah Code 57-2a-3(1)). Utah Code 57-2a-7 supplies a short-form acknowledgment certificate, and a certificate containing the words "acknowledged before me" or their substantial equivalent is accepted (Utah Code 57-2a-6(3)). Every document submitted for recording must also be notarized with a legible notary seal and carry original signatures, unless a statute provides otherwise (Utah Code 17-71-402(3)).

Witnesses

Utah does not require witnesses on a deed that is acknowledged before a notary. The quitclaim form in 57-1-13 has no witness line, and the recording statute asks for a notarial certificate, not witnesses (Utah Code 57-3-101). Chapter 57-2 mentions a subscribing witness only as one way to prove execution, "by the testimony of a subscribing witness, if there is one" (Utah Code 57-2-10). That conclusion rests on Title 57, Chapters 1, 2, 2a and 3, Part 1.

Legal description

Utah Code 57-3-105 says a document executed after July 1, 2022 "is entitled to be recorded in the office of the recorder of the county in which the property described in the document is located only if the document contains a legal description of the real property." The accepted forms include:

• a metes and bounds description;
• a Public Land Survey System description by township, range, base and meridian, and section, with the aliquot part or government lot;
• a mining claim description; and
• a lot, block, tract, parcel or unit within a recorded plat or map.

The county recorder may also require the parcel's tax identification number on the deed. That number is not part of the legal description, and an error in it does not affect the deed's validity (Utah Code 17-71-402(5)).

Grantees and a tax mailing address

A deed conveying title that is presented for recording must name the grantees and recite "a mailing address to be used for assessment and taxation" (Utah Code 57-3-105). This is a recording condition and asks for more than the 57-1-13 form, which lists only the grantee's place of residence.

Format standards

Every county applies the statewide baseline: an original document (or an electronic document that complies with the electronic recording rules), a brief caption on the first page stating what the document is, English text or an English translation, and enough legibility for certified copies (Utah Code 57-3-106 and 17-71-402(3)).

A county recorder may add page standards, but only after formal notice and an effective date at least three months later (Utah Code 17-71-402(4)). The standards the statute allows are white 8.5 by 11 inch paper, one-inch left, right and bottom margins, a 2.5 by 4.5 inch blank space in the upper right corner of the first page, a one-inch top margin on later pages, single-sided black ink, and at least seven lines of text per vertical inch. Counties differ, so check your county recorder's page before printing the deed.

Water rights addendum

For a deed executed on or after July 1, 2011 that conveys fee simple title to land, the person recording it "may also submit a water rights addendum as an addendum to the applicable deed" (Utah Code 57-3-109(2)). The statute says "may," so the addendum is optional on the face of the statute. If one is used, it is in the legislatively approved form: the grantor completes and signs it, the grantee signs to acknowledge receipt, and the recorder sends a copy of the deed and addendum to the state engineer.

How co-owners take title

Adding a spouse, child or relative to title creates co-ownership, and Utah's default matters. Under Utah Code 57-1-5, "An ownership interest granted on or after May 1, 2024, to two or more persons in their own right is presumed to be a joint tenancy with rights of survivorship, unless severed, converted, or expressly declared in the grant to be otherwise." Before that date, the presumption applied only to two persons designated as spouses or husband and wife.

If the owners want a different form of co-ownership, the deed has to say so. A joint tenancy cannot be created between a person and an entity or the trustee of a trust (Utah Code 57-1-5(1)(a)(iii)).

The statutory quitclaim wording is in Utah Code 57-1-13. Your county recorder can explain local recording requirements, though recorders cannot give legal advice, and a lawyer licensed in Utah can prepare the deed.

Does a spouse have to sign a Utah quitclaim deed?

A spouse who is on title must sign to convey their own interest. A spouse who is not on title must join in one situation the statutes set out: a conveyance of property recorded as a homestead. Utah Code 78B-5-504 says: "If an individual is married, no conveyance of or security interest in, or contract to convey or create a security interest in property recorded as a homestead prior to the time of the conveyance, security interest, or contract is valid, unless both the husband and wife join in the execution of the conveyance, security interest, or contract."

A homestead under 78B-5-504 is an opt-in declaration recorded with the county, so this rule applies only where a homestead was recorded before the deed. Utah has abolished dower and curtesy (Utah Code 75-2-112) and is not a community property state. Outside the recorded-homestead rule, the Utah statutes on conveyances and homesteads do not require a spouse who is not on title to sign. A divorce decree or a lender can still call for both signatures; if the deed is part of a divorce, see our guide to Utah divorce laws.

Recording a quitclaim deed with the county recorder

Record the deed with the county recorder of the county where the property is located (Utah Code 57-3-101(1)). Once recorded, the deed becomes part of the county's land records; see our guide to Utah property records for how to search them.

What recording does

Utah's recording act is a race-notice statute. Utah Code 57-3-103 states: "Each document not recorded as provided in this title is void as against any subsequent purchaser of the same real property, or any portion of it, if: (1) the subsequent purchaser purchased the property in good faith and for a valuable consideration; and (2) the subsequent purchaser's document is first duly recorded."

Recording gives notice to all persons from the time of recording (Utah Code 57-3-102(1)). It does not decide whether the deed works between the people who signed it: "This section does not affect the validity of a document with respect to the parties to the document and all other persons who have notice of the document" (Utah Code 57-3-102(3)). Recording is how the grantee protects the new ownership against a later good-faith buyer.

Recording fees

Utah sets the base fee by statute. Utah Code 17-71-407(3)(a) charges "for recording any instrument, not otherwise provided for, other than bonds of public officers, $40," plus $2 for each legal description over 10 on one instrument. The recorder charges one recording fee per instrument regardless of attachments (Utah Code 17-71-407(6)) and will not record until the fee is paid or authorized to be paid electronically (Utah Code 17-71-407(1)).

Counties of the second through sixth class must add $5 unless they hold a balance in the restricted recording-fee account, which brings the fee to $45 in a county that adds it. This fee section was renumbered from 17-21-18.5 on November 6, 2025, and the current version took effect May 6, 2026. Check your county recorder's published fee schedule before you record.

E-recording

Utah Code 17-71-402 states: "Beginning on or before January 1, 2022, each county shall accept and provide for the electronic recording of instruments." Electronic documents must meet Title 17, Chapter 71, Part 6, the Uniform Real Property Electronic Recording Act. Your county recorder's page lists the electronic submission options it accepts.

Fixing a mistake in a recorded deed

A document already of record in the same county cannot be recorded again unless all parties re-execute it, with a statement of the reason (Utah Code 57-3-106). For small errors, "Minor typographical or clerical errors in a document of record may be corrected by the recording of an affidavit or other appropriate instrument" (Utah Code 57-3-106). A rerecorded document or a correction affidavit must include a notice of the name and address to which valuation and tax notices are to be mailed (Utah Code 57-3-106(10)(b)), and a reexecuted document needs a notarial certificate for every party who signs it again (Utah Code 57-3-106(8)).

Is there a transfer tax on a Utah quitclaim deed?

No. Utah has no state real estate transfer tax, documentary stamp tax or excise tax on deeds. The chapters of Title 59, Utah's Revenue and Taxation title, run from General Taxation Policies and the Property Tax Act through income, sales and use, fuel and other special-purpose taxes, and none taxes the transfer of real property or the recording of a deed. The charge for recording a deed is the county recorder's fee under Utah Code 17-71-407, though a homeowners association may charge a reinvestment fee on a transfer (see below).

Recording a deed in Utah also does not require a state transfer-tax return, change-of-ownership report or affidavit of value. When an owner applies for the residential property tax exemption, the county "may not request the sales price of the residential property" (Utah Code 59-2-103.5).

A Utah county or city may levy only the taxes a state statute authorizes (Utah Constitution, Article XIII, Section 5(4)), and no statute authorizing a county or city real estate transfer tax appears in Title 59 (Revenue and Taxation), Title 11, Chapter 26 (Limitations on Local Taxes and Fees) or the county recorder fee provisions (Title 17, Chapter 71, Part 4). Utah Code 57-1-46 makes private transfer fee covenants recorded on or after March 16, 2010 void, but it allows a reinvestment fee covenant that obligates a buyer or seller to pay a common interest association, such as an HOA, a fee on a transfer. A reinvestment fee covenant recorded on or after March 16, 2010 cannot be enforced on a transfer under a court order, a transfer due to death, or a bona fide transfer to a family member within three degrees of consanguinity who provides proof before the transfer (Utah Code 57-1-46(8)). If the home is in an HOA, ask the association whether a reinvestment fee applies. Ask your county recorder for the full list of charges before you record.

Property tax after a Utah quitclaim deed

Utah values property every year rather than on a sale. Utah Code 59-2-103 provides that "All tangible taxable property located within the state shall be assessed and taxed at a uniform and equal rate on the basis of its fair market value, as valued on January 1, unless otherwise provided by law." A quitclaim does not by itself set a new assessed value.

The bigger property-tax risk is the residential exemption. Under Utah Code 59-2-103, "the fair market value of residential property located within the state is allowed a residential exemption equal to a 45% reduction in the value of the property," limited to one primary residence per household and up to one acre of land per residential unit.

The 2027 change-of-ownership filing rule

Under the version of Utah Code 59-2-103.5 in effect through 2026, a county may adopt an ordinance requiring an owner to apply to the county board of equalization when an ownership interest changes. Chapter 282 of the 2026 General Session (S.B. 238) makes that mandatory beginning January 1, 2027: if "an ownership interest in the residential property changes," the owner "shall file an application with the county board of equalization before the county applies a residential exemption."

The Utah State Tax Commission states that "beginning January 1, 2027, property owners must file Form TC-473A with the County Board of Equalization to receive or maintain the primary residential exemption if any of the following apply: Change of Ownership: Any change in ownership interest occurs (including deed transfers, trust transfers, or name updates)." The Commission says applications must be submitted on or before September 15, that the exemption does not automatically transfer to new owners, and that late applications cannot be accepted, so the property may be taxed at 100% of market value for that year. The statute sets the deadline as the later of September 15 of the year for which the exemption is sought or 45 days after the county auditor's valuation notice (Utah Code 59-2-103.5(6)), so file as soon as the deed is recorded.

That rule reaches the usual quitclaim situations: adding a spouse, deeding a home to a child, and moving a home into a trust. Form TC-473A (or Form PT-24 for property under construction) is available from the Tax Commission's primary residential exemption page, from your county's website, or in person.

Mortgages and quitclaim deeds

Utah Code 57-1-13 conveys the grantor's interest in the land and says nothing about the loan, so this section rests on federal regulations. A deed does not remove anyone from a mortgage; only the lender can release a borrower. Under 12 CFR 191.5(b)(4), if the lender and the new owner agree in writing, before the transfer, 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 secured by 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).

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." 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 and says the donor is generally responsible for paying any gift tax. If your spouse is not a U.S. citizen, the IRS limits tax-free gifts to that spouse to an annual exclusion of $194,000 for 2026.

The IRS also says the recipient's basis in gifted property is generally the same as the donor's basis. Ask a tax professional before deeding a home as a gift; this page does not give tax advice.

Deed fraud protections in Utah

Recorder notice when a deed is recorded

Since January 1, 2025, each county recorder must "maintain a system that allows a property owner to receive, upon the property owner's election, an electronic notice when the county recorder records a deed or mortgage" on the owner's real property (Utah Code 17-71-302(1)(b)). For owners who sign up, the recorder must send the notice within 30 days after recording. The requirement covers real property for which the county treasurer provides a property tax notice.

Counties run the service under their own names. Salt Lake County's free Property Watch sends emails, and optionally texts, when a new document is recorded against an owner's property, and the county notes: "Please be aware that Property Watch notifications are sent only for documents attached to the property." Check your own county recorder's page to sign up.

The Fraudulent Deeds Act

Utah's Fraudulent Deeds Act (Title 57, Chapter 31) defines a fraudulent deed as "a deed that is not executed or authorized to be executed by the record interest holder" (Utah Code 57-31-101). The purported grantor who records one is liable to the record interest holder for the greater of $10,000 or three times actual damages, plus attorney fees and costs (Utah Code 57-31-201).

The record interest holder may petition a court, supported by a sworn affidavit, to nullify the deed, and may record a lis pendens. The court holds a hearing within 10 days of a sufficient petition. If it finds the deed fraudulent, the court "shall: (A) issue an order declaring the fraudulent deed void ab initio and the fraudulent deed provides no conveyance of any interest in real property," and awards costs and fees to the petitioner, who then records a certified copy of the order (Utah Code 57-31-202).

The FBI's Internet Crime Complaint Center has warned about impersonators using fictitious deeds to sell vacant land, and advises owners to check whether their county recording office offers a service that sends an email or text when a document is recorded in their name (IC3 PSA I-061626-PSA).

Transfer on death deeds

If the goal is to pass a home to a child at death rather than now, Utah has adopted the Uniform Real Property Transfer on Death Act (Utah Code 75-6-401 and following). Under Utah Code 75-6-405, "An individual may transfer property to one or more named beneficiaries effective at the transferor's death by a transfer on death deed."

The deed must contain the essential elements and formalities of a recordable deed, state that the transfer occurs at the transferor's death, and be recorded before the transferor's death in the county where the property is located (Utah Code 75-6-409). During the owner's life, it does not affect the owner's rights in the property (Utah Code 75-6-412). Unlike a quitclaim to a child, it does not give up present ownership. For what happens when an owner dies without one, see our guide to Utah probate.

If the new owner wants the grantor to stand behind the title, a quitclaim is the wrong tool; a warranty deed under Utah Code 57-1-12 carries title promises.

Common myths about Utah quitclaim deeds

• "The deed is not valid until it is recorded." Between the parties it is valid unrecorded (Utah Code 57-3-102(3)). It is void only against a later good-faith buyer for value whose document is recorded first (Utah Code 57-3-103), which is why the grantee should record it.
• "A quitclaim can give the grantee better title than the grantor had." No. It conveys only the grantor's interest at the date of the conveyance (Utah Code 57-1-13), and title the grantor gets later does not pass (Utah Code 57-1-10).
• "Deeding the house to my child costs nothing because Utah has no transfer tax." Utah has no state transfer tax, but beginning January 1, 2027, a change in ownership interest can cost the 45% residential exemption if the TC-473A application is not filed on time (Utah Code 59-2-103.5).
• "Every Utah deed needs a water rights addendum." Utah Code 57-3-109(2) says a person recording a deed "may" submit one.
• "The recording fee is $45 everywhere." The statutory fee is $40; counties of the second through sixth class must add $5 unless they hold a restricted-account balance (Utah Code 17-71-407).
• "A quitclaim takes me off the mortgage." No. Only the lender can release a borrower (12 CFR 191.5(b)(4)).

Related

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

This article provides general legal information about Utah law on quitclaim deeds, verified on 2026-10-09. It is not legal or tax advice. For your situation, contact your county recorder (who cannot give legal advice), a legal aid office, or a lawyer licensed in Utah.

Last updated: 2026-10-09.

Frequently Asked Questions

How do I file a quitclaim deed in Utah?

The grantor signs the deed before a notary or other notarial officer, who completes a certificate of acknowledgment (Utah Code 57-3-101). The deed needs a legal description and, for a deed conveying title, the grantees' names and a tax mailing address (Utah Code 57-3-105); then record it with the county recorder of the county where the property lies and pay the recording fee (Utah Code 17-71-407).

Does a quitclaim deed need to be notarized in Utah?

To be recorded, yes in practice: Utah Code 57-3-101 entitles a document to be recorded when it carries a certificate of acknowledgment, proof of execution or jurat signed by the officer. Utah's conveyancing and recording chapters set no witness requirement for a deed acknowledged before a notary.

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

Utah Code 17-71-407(3)(a) sets $40 for recording an instrument, plus $2 for each legal description over 10. Counties of the second through sixth class must add $5 unless they hold a balance in a restricted recording-fee account, so confirm the total with your county recorder.

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

No state transfer tax applies: Utah's Revenue and Taxation title (Title 59) has no real estate transfer, documentary stamp or deed tax chapter. The charge on recording is the county recorder's fee under Utah Code 17-71-407.

Will a quitclaim deed affect my Utah property taxes?

Utah values property at fair market value as of January 1 each year (Utah Code 59-2-103), so the deed does not set a new value by itself. Beginning January 1, 2027, though, a change in ownership interest requires the owner to file Form TC-473A with the County Board of Equalization to keep the 45% primary residential exemption, and the Utah State Tax Commission says the deadline is September 15 and late applications cannot be accepted. The statute sets the deadline as the later of September 15 or 45 days after the county auditor's valuation notice (Utah Code 59-2-103.5(6)).

Does a quitclaim deed remove me from the mortgage?

No. Utah Code 57-1-13 conveys only the grantor's interest in the land; under 12 CFR 191.5(b)(4), a lender releases a borrower only when the lender and the new owner agree in writing, before the transfer, that the new owner is obligated on the loan.

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

If your spouse is on title, they must sign to convey their own interest. If the property was recorded as a homestead before the conveyance, Utah Code 78B-5-504 makes the deed invalid unless both spouses join in signing it.

Is a quitclaim deed valid in Utah if it is not recorded?

Between the grantor and grantee, yes: Utah Code 57-3-102(3) preserves the deed's validity for the parties and anyone with notice. It is void against a later good-faith buyer for value whose document is recorded first (Utah Code 57-3-103).

Does Utah allow a transfer on death deed?

Yes. Under Utah Code 75-6-405, an individual may transfer property to named beneficiaries effective at death by a transfer on death deed, which must be recorded in the county where the property is located before the owner dies (Utah Code 75-6-409).