Georgia Quitclaim Deed: Transfer Property Without Warranty

A Georgia Quitclaim Deed is a legal document used to transfer whatever interest a person (the grantor) may have in real property to another person (the grantee) without making any promises or warranties about the quality of the title. Unlike a warranty deed, a quitclaim deed offers no guarantee that the title is clear of liens, encumbrances, or other claims — it simply transfers whatever interest the grantor currently holds.

What Is a Georgia Quitclaim Deed Used For?

Quitclaim deeds are most commonly used in situations where the parties know each other and the risk of a title defect is minimal or already understood. Typical uses include:

• Transferring property between family members — adding or removing a spouse from a deed, gifting property to children, or transferring a home between relatives.
• Divorce settlements — one spouse quitclaims their interest in the marital home to the other as part of the divorce decree.
• Clearing title defects — correcting a prior deed error, such as a misspelled name or an omitted signature.
• Changing ownership structure — transferring property into or out of a trust or LLC.

Why Does Georgia Law Require Notarization?

Under O.C.G.A. § 44-5-30, a Georgia quitclaim deed must be signed by the grantor in the presence of a notary public and at least one additional witness. The notary serves a critical role by:

• Verifying the grantor's identity — ensuring the person signing the deed is who they claim to be.
• Witnessing the signature voluntarily — confirming the grantor signs freely and without coercion.
• Creating a public record of authenticity — the notary's seal and signature allow the deed to be recorded with the Clerk of Superior Court, making the transfer part of the public land records.

Without notarization, a quitclaim deed cannot be recorded — and an unrecorded deed may not be enforceable against third parties, such as subsequent purchasers or creditors.

Additional Requirements for Recording

Once signed, witnessed, and notarized, the deed must be recorded with the Clerk of Superior Court in the county where the property is located. You also need to file Georgia Form PT-61 (Real Estate Transfer Tax Declaration) through the GSCCCA eFiling portal. The PT-61 reports the transfer and any tax due, or claims an exemption.

The Georgia Superior Court Clerks' Cooperative Authority (GSCCCA) provides a PT-61 eFiling portal for submitting the required transfer tax declaration.

Need a Notary for Your Quitclaim Deed?

Whether you are transferring property between family members, finalizing a divorce settlement, or clearing a title issue, a properly notarized quitclaim deed is essential. Your notary confirms your identity, witnesses your signature, and helps ensure the deed can be recorded without issue.

Need this document notarized? Find a trusted notary in your area on Notary of Gwinnett.