Quitclaim Deed Notarization: When to Use One and What You'll Need

Disclaimer: This article is provided for general informational purposes only and does not constitute legal advice. Real property laws and recording requirements can change, and every transaction is fact-specific. Before executing or recording a quitclaim deed, consult with a licensed New York real estate attorney to ensure your particular situation is handled correctly.

If you are reading this, chances are you have been told you need a quitclaim deed – or you have heard the term thrown around and wonder whether it applies to your situation. As a New York State Remote Online Notary, I see quitclaim deeds walk through my virtual notary chamber nearly every week. They are one of the most common instruments I notarize, yet they are also one of the most misunderstood.

This guide will walk you through exactly what a quitclaim deed is, when it makes sense to use one, when it does not, and everything you will need to complete and record one in New York State. Whether you are transferring property to a spouse, adding a child to a deed, or clearing a cloud on title, this post will help you navigate the process with confidence.

What Is a Quitclaim Deed?

At its core, a quitclaim deed is a legal instrument that transfers whatever interest the grantor (the person giving up the property) holds in a piece of real estate to the grantee (the person receiving it). The grantor is essentially saying, “I quit my claim to this property and pass it on to you.”

What Makes a Quitclaim Deed Distinct from Other Deeds?

What makes a quitclaim deed distinct from other types of deeds is that it offers no warranties or guarantees. The grantor does not promise that the title is clear, that there are no liens, or that they even hold full ownership. They are simply conveying whatever interest they possess – which could be everything, part of everything, or in the worst-case scenario, nothing at all.

New York Real Property Law Section 258 provides a statutory short form for quitclaim deeds (Schedule G for individuals, Schedule H for corporations). The statutory form uses the specific operative language “remise, release, and quitclaim” – meaning the grantor formally relinquishes any and all claim they may have to the described property. While you are not required to use the exact statutory form, many attorneys and title companies prefer it because County Clerks and recording offices are already familiar with the layout.

Think of a quitclaim deed as a pass-through mechanism. If the grantor owns 100 percent of the property, the grantee receives 100 percent. If the grantor only owns a partial interest, that is all the grantee will receive. Because of this lack of warranty, quitclaim deeds are most appropriate when trust already exists between the parties or when the transfer is administrative in nature rather than a traditional arm’s-length sale.

When to Use a Quitclaim Deed

Quitclaim deeds shine in specific situations where the parties already have a relationship or where the goal is to adjust ownership records rather than complete a market transaction. Below are the most common scenarios in which a quitclaim deed is the right tool for the job.

Transfer Between Spouses During Divorce

One of the most frequent uses of a quitclaim deed in New York arises during divorce proceedings. When a couple divorces and the marital settlement agreement awards the family home to one spouse, the other spouse typically executes a quitclaim deed to relinquish their interest in the property. Because both spouses already share ownership and trust (or at least a court order) governs the transfer, a warranty deed is unnecessary. The quitclaim deed cleanly removes one spouse’s name from the title.

Adding or Removing a Co-Owner

Perhaps you purchased a home with a business partner and the partnership has since dissolved. Or maybe you want to add your adult child to the deed as part of estate planning. In situations like these, a quitclaim deed allows you to adjust the ownership structure without the formality and cost of a full warranty deed. The person being added or removed simply signs a quitclaim deed to effect the change.

Transferring Property Into or Out of an LLC or Trust

Many New York property owners place their real estate into a limited liability company or a revocable living trust for asset protection or estate planning purposes. The transfer from an individual’s name into an entity is almost always handled via a quitclaim deed. Since the individual is both the grantor and the beneficial owner behind the entity, there is no need for the warranties found in a warranty deed.

Clearing Title Defects or Clouds on Title

Sometimes a historical error in the public records creates a cloud on title. A misspelled name on a decades-old deed, an heir who never formally signed off on an inheritance, or an ex-spouse whose name was inadvertently left on the paperwork – these issues can all be resolved with a quitclaim deed. The person holding the defective or residual interest executes a quitclaim deed to clear the record and restore clean title.

Resolving Heirship or Inheritance Issues

When a property owner passes away and the estate goes through probate, the court may determine that certain heirs hold an undivided interest in the property. If those heirs wish to consolidate ownership, they can execute quitclaim deeds to transfer their shares to the remaining heirs or to the estate’s executor. This is a common step in settling estates efficiently.

Gifts and Family Transfers

Parents frequently use quitclaim deeds to gift property to their children, either outright or as part of a broader estate plan. Siblings may use them to equalize inherited property interests. Because these transfers occur between family members who already know one another, the lack of warranty in a quitclaim deed is rarely a concern.

When NOT to Use a Quitclaim Deed

It is just as important to understand when a quitclaim deed is the wrong choice. If you are purchasing property from a stranger in a traditional real estate transaction, a quitclaim deed offers you virtually no protection. In that scenario, you would want a warranty deed (known in New York as a bargain and sale deed with covenant against grantor’s acts) that guarantees the seller holds clear title and will defend it against future claims.

Quitclaim deeds are also not ideal when the grantee is relying on the transfer as the basis for a mortgage or loan. Lenders typically require a deed with warranty covenants because they need assurance that the collateral is free of hidden defects.

New York’s Preferred Deed: The Bargain and Sale Deed

Before we go further, a note specific to New York State. New York Real Property Law Section 247 establishes the bargain and sale deed as the standard deed for conveying real property. A bargain and sale deed implies that the grantor holds title but does not include the full warranties of a traditional warranty deed used in other states. In practice, many New York attorneys and title companies use a bargain and sale deed with covenant against grantor’s acts, which adds a promise that the grantor has not previously conveyed the same property to someone else and has not encumbered it during ownership.

Quitclaim deeds remain perfectly valid and widely used in New York, but they are a more limited instrument. If you are ever unsure which deed type to use, consult with a real estate attorney or your title company.

Notarization Requirements for a Quitclaim Deed in New York

Now we arrive at the heart of this guide: the notarization process. In New York, every deed that will be recorded with the County Clerk must be notarized. Without a proper notary acknowledgment, the County Clerk will reject the document and it will not become part of the public record.

Who Must Sign and Be Notarized?

The grantor – that is, the person conveying their interest in the property – must sign the quitclaim deed in the physical presence of a notary public. If there are multiple grantors (for example, both spouses on a jointly held property), each grantor must sign and be notarized. The grantee does not need to sign the deed at all unless local custom or an attorney specifically requests it.

If the grantor is an entity – such as an LLC or corporation – the authorized signatory for that entity must execute the deed. In some cases, the County Clerk or title company may also request a copy of the LLC operating agreement or corporate resolution authorizing the transfer.

Remote Online Notarization (RON) in New York

As a Remote Online Notary, I can perform the notarization for you via a secure video call, provided you meet the following requirements:

You must be physically located within New York State at the time of the notarization. This is a strict statutory requirement under New York Executive Law Section 135-c. If you are visiting out of state or living in New Jersey, a RON session will not suffice – you would need to appear before a traditional notary in person.
You must present a valid, unexpired government-issued photo identification. Acceptable forms include a New York State driver’s license, a valid passport, a military ID, or another government-issued photo ID. The RON platform will perform credential analysis to verify the authenticity of your document.
The RON session is recorded and the audio-video recording is retained for at least ten years, as required by New York law. You will receive a copy of the recording and the notarial certificate.

The RON notarization fee in New York is set at $25 per notarial act, compared to $2 for an in-person acknowledgment. The convenience of completing the notarization from your home office or living room often makes the additional cost worthwhile.

What Else You Will Need Beyond Notarization

Notarizing the quitclaim deed is only one piece of the puzzle. To successfully record the deed and complete the transfer, you will need several additional documents and filings.

Memorandum of Consideration (MCL-200)

Effective September 2022, New York State Real Property Law Section 290 requires that nearly every deed recorded in New York be accompanied by a Memorandum of Consideration, commonly referred to as the MCL-200 form. This short document discloses the nature and amount of consideration exchanged in the transfer and determines whether real property transfer tax applies.

On the MCL-200, you will indicate whether the transfer involves monetary consideration and, if so, the amount. You will also identify whether any exemptions apply. Common exemptions for quitclaim deeds include transfers between spouses incident to divorce, transfers to a child or parent, transfers into a revocable trust of which the grantor is the beneficiary, and transfers that do not involve a change in beneficial ownership.

Even when no transfer tax is due, the MCL-200 must still be filed alongside the deed at the County Clerk’s office. Failure to include it will result in the County Clerk rejecting your submission.

Real Property Transfer Report (RP-5217)

In addition to the MCL-200, New York State requires the RP-5217 Real Property Transfer Report to be filed with most deed recordings. This form collects data about the property, the parties involved, and the nature of the transfer. Both the buyer (grantee) and the seller (grantor) must sign the RP-5217, and the signatures do not need to be notarized – they are statutory certifications under penalty of perjury.

The RP-5217 carries a $22 filing fee in most counties. This fee is paid to the New York State Department of Taxation and Finance, not the County Clerk.

County Recording Fees

Once your quitclaim deed is notarized and accompanied by the MCL-200 and RP-5217, you will submit the package to the County Clerk’s office in the county where the property is located. The County Clerk will charge a recording fee, which varies by county. In most upstate and downstate counties outside New York City, the fee is approximately $2 to $3 per page. New York City boroughs charge higher fees, often $15 to $25 per page or more.

The recording fee ensures your deed becomes part of the permanent public record. Until it is recorded, the transfer is only binding between the grantor and grantee – it does not provide notice to the world. Recording protects the grantee’s interest against future claims, liens, or judgments.

Real Property Transfer Tax

New York State imposes a real property transfer tax of 0.4 percent on transfers involving monetary consideration of $200 or more. CertainNew York City boroughs and other localities impose additional local transfer taxes on top of the state tax. However, many quitclaim deed transfers qualify for exemptions – particularly family transfers, divorce-related transfers, and transfers into revocable trusts. The MCL-200 form is where you claim these exemptions.

Step-by-Step: The Complete Quitclaim Deed Process in New York

Here is the end-to-end process from start to finish:

Draft the quitclaim deed. The deed must include the names of the grantor and grantee, a legal description of the property (typically found on the existing deed or tax records), the consideration (even if nominal, such as $10.00 and love and affection), and the effective date. Many New Yorkers use a template provided by their attorney, title company, or a reputable legal forms service.
Have the grantor sign the quitclaim deed before a notary public. If you are using RON, schedule a session with your notary, verify your identity, sign the document on camera, and receive the notarized copy. If you prefer in-person notarization, bring your ID to a bank, UPS store, or mobile notary.
Complete the MCL-200 Memorandum of Consideration. Indicate the nature of the transfer, the amount of consideration, and any applicable exemptions. Sign the form – notarization is not required for the MCL-200 itself.
Complete the RP-5217 Real Property Transfer Report. Both the grantor and grantee must sign this form. Include the property’s tax map identifier, which you can find on your most recent tax bill.
Submit the recording package to the County Clerk. The package should include the original notarized quitclaim deed, the signed MCL-200, the signed RP-5217, and any applicable transfer tax payments or exemption affidavits. Check with your local County Clerk’s office for their preferred submission method – some accept walk-in deliveries, some require mail, and an increasing number offer online filing portals.
Pay the recording fee and transfer tax. The County Clerk will process your documents, stamp them with the recording date, book, and page number, and return the recorded deed to you – often within a few business days, though processing times vary by county.
Retain the recorded deed. The recorded deed is your proof of ownership. Store it with your other important documents and consider providing a copy to your attorney, title insurer, or financial advisor.

Common Mistakes to Avoid

Even experienced property owners trip up on quitclaim deed transfers. Here are the most frequent errors I encounter as a notary, along with how to sidestep them:

Incomplete property description. The legal description on the quitclaim deed must match the description on the existing deed or tax records. Using only the street address is not sufficient in New York. If you are unsure, pull the current deed from the County Clerk’s office or ask your title company for the correct legal description.

Missing co-owner signature. If the property is owned jointly by two or more people, every owner must sign the quitclaim deed to convey their interest. If one spouse signs but the other does not, only the signing spouse’s interest is transferred. This is a surprisingly common oversight, especially in divorce situations where one party assumes the other’s signature is implied.

Forgetting the MCL-200. Since the September 2022 law took effect, the MCL-200 has been required for virtually every deed recording in New York. Many people still try to record without it and end up waiting for a rejection notice from the County Clerk. Always include it.

Incorrect exemption claims on the MCL-200. If you claim an exemption but the transfer does not actually qualify, the Department of Taxation and Finance may assess the transfer tax retroactively – plus penalties and interest. When in doubt, consult a tax professional or real estate attorney.

Failing to record the deed. A quitclaim deed that sits in a drawer is a transfer that the world does not know about. Recording is what puts the public on notice and protects the grantee’s interest. Do not skip this step.

Frequently Asked Questions

Q: Does a quitclaim deed need to be witnessed in New York? A: New York law does not strictly require witnesses on a quitclaim deed for the deed to be valid – a notary acknowledgment is sufficient. However, the statutory quitclaim deed form found in Real Property Law Section 258 includes witness lines (“In presence of:”) and many County Clerks and title companies strongly prefer or even require two disinterested witnesses as an extra layer of protection. Because it costs nothing to include witnesses and can prevent recording delays, it is considered best practice to have two witnesses present when the grantor signs the deed.

Q: Can I use a quitclaim deed to transfer property if there is a mortgage on it? A: Yes, but be cautious. The quitclaim deed transfers your ownership interest, but the mortgage stays attached to the property. If the loan has a due-on-sale clause (most do), the lender could theoretically demand full repayment upon recording the deed. In family transfers and divorce situations, lenders often overlook this, but it is a risk to be aware of. Always inform your lender before transferring property with an outstanding mortgage.

Q: How much does it cost to have a quitclaim deed notarized? A: An in-person notarization costs $2 per acknowledgment in New York. A Remote Online Notarization costs $25 per notarial act. On top of that, you will need to budget for the RP-5217 filing fee ($22), the County Clerk recording fee (approximately $2 to $3 per page in most counties), and any applicable transfer taxes.

Q: How long does it take to record a quitclaim deed in New York? A: Processing times vary by county. In many counties, you can walk in and receive a recorded deed the same day. In busier jurisdictions, it may take several business days. Some counties now offer expedited or online recording services. Check with your local County Clerk for current turnaround times.

Q: Can the grantee sign the quitclaim deed remotely while the grantor is in New York? A: The grantee’s signature is not required on the deed itself, so this question rarely arises. However, the grantee must sign the RP-5217 form, and that signature does not need to be notarized. If the grantee is out of state, they can simply print, sign, and mail or email their portion of the RP-5217.

Q: Is a quitclaim deed reversible? A: Once a quitclaim deed is recorded, the grantor’s interest in the property is transferred and the deed becomes part of the public record. To reverse it, the grantee would need to execute a new deed conveying the property back to the grantor. The original deed itself cannot be unrecorded.

Final Thoughts

A quitclaim deed is a straightforward, cost-effective tool for transferring property interests in New York State – when used in the right circumstances. It is ideal for family transfers, divorce settlements, estate planning moves, and clearing title defects. It is less suited for traditional arm’s-length purchases, where a bargain and sale deed or warranty deed provides the protections a buyer deserves.

As your Remote Online Notary, my job is to ensure the grantor’s signature is properly authenticated, the identity of the signer is verified, and the notarial certificate is correctly completed so the County Clerk will accept your deed without hesitation. If you are preparing a quitclaim deed and would like to schedule a RON session, reach out and we will get the process started. The entire notarization typically takes less than twenty minutes from start to finish, and you can complete it from the comfort of your own home – as long as you are physically within New York State.

Quitclaim Deed Notarization: When to Use One and What You’ll Need