Georgia Quitclaim Deed with possible forms

Here’s how to prepare a quitclaim deed in Georgia.

 

At the very top you must have the address for where to return the deed to after it’s recorded. The clerk will often return it if you don’t have this.

 

The deed must identify the seller whose name goes first. The seller is often identified as the Grantor or Party of the First Part. This seller should be all the owners, all the names listed as buyers on the prior deed. Use the full name of the seller (and the buyer) including Jr., Sr. etc.

 

The buyer’s name goes next. The buyer is often identified as the Grantee or Party of the Second Part

 

 THE MOST OFTEN SCREWED UP PART is the legal description. You can’t just put the address. If you do, the deed will likely have to be redone or a court action will have to be filed to clear up the property.

Most often, you can use the legal description from the prior deed. It usually begins “all that tract or parcel of land…”

 

After the legal description, do everyone a favor and identify the previous deed by deed book and page number. This also helps identify the property if there is an error in the legal description.

 

Below (sometimes above) the legal description, language indicates that the seller is transferring what interest she has (if any) in the property. There is no “warranty” language so the seller is not promising she necessarily has an interest in the property.

 

The Seller (not the buyer) must sign at the bottom in the presence of a witness and notary public.

 

When you file this deed, you must file it with a PT-61. Go here to do this. You will need the addresses for the buyer and seller as well as the county tax parcel number. Print this form out and take or mail it with the deed to be filed. It currently costs $25 throughout the state to file a deed.

 

Below are links for quitclaim deeds approved by some county clerks. These aren’t the forms I use, but are similar and should work state-wide.

 

https://www.maconbibb.us/wp-content/uploads/2020/05/FILLABLE_QUIT_CLAIM_DEED.pdf

 

https://www.cobbsuperiorcourtclerk.com/wp-content/uploads/2017/07/Approved-Quit-Claim-Deed-e.pdf

 

A quitclaim deed is very handy for a lot of purposes. However, there are definitely times it should not be used. Contact a real estate lawyer for help.