How do I file a quitclaim deed in Georgia?

1. Quitclaim vs Warranty Deed

Georgia quitclaim conveys only the grantor's interest. A warranty deed (O.C.G.A. § 44-5-62) contains the statutory warranty of title; a limited warranty deed warrants only against grantor's acts.

2. Common Uses

Divorce, interspousal transfers, gifts, trust funding, removing a deceased joint tenant, clearing minor title defects.

3. Execution Formalities

O.C.G.A. § 44-5-30 requires the deed be in writing and signed by the maker; § 44-2-15 requires for recording attestation by an officer (notary) AND one other competent witness — TOTAL of two attesting witnesses, one of whom must be a notary. So in practice: grantor signs in front of one unofficial witness PLUS a notary.

4. Required Contents

Grantor and grantee names, legal description (often referencing a recorded plat), words of conveyance ("does hereby remise, release, and quitclaim"), consideration recital. A PT-61 Real Estate Transfer Tax form is filed electronically before recording.

5. Recording

Clerk of Superior Court in the county where the property lies (O.C.G.A. § 44-2-1). Recording fee is $25 flat for deeds (post-2020 simplified fee).

6. Transfer Tax

Georgia transfer tax is $1.00 per $1,000 of consideration (O.C.G.A. § 48-6-1); $0.10 per first $100 + $0.10 per $100 thereafter. Exemptions include transfers between spouses, gifts (no consideration), divorce decrees, and trust transfers — claim on PT-61.

7. Title Insurance Limits

Georgia title insurers typically won't insure on a chain resting on a recent quitclaim without underwriting review.

8. Pitfalls

Quitclaim does NOT release the grantor from mortgage liability; due-on-sale risk; Garn-St. Germain (12 U.S.C. § 1701j-3) shields qualifying family transfers.

9. Special Local Rules

Georgia uses "Security Deed" rather than mortgage — be aware the lender holds title; a quitclaim by a grantor whose security deed remains outstanding still leaves the security deed intact.

This is legal information, not legal advice.