Alabama Quitclaim Deed Overview
In Alabama, quitclaim deeds are recorded through the county probate court rather than a separate recorder of deeds office. Each of Alabama's 67 counties has a probate judge who oversees the recording of real property documents. Alabama law recognizes quitclaim deeds as a valid means of transferring whatever interest the grantor holds in real property, making them commonly used for family transfers, divorce property divisions, and transfers to trusts and LLCs throughout the state.
Alabama is one of the more deed-friendly states in the country because it does not impose a state-level transfer tax or documentary stamp tax on real property conveyances. This means the only costs for recording a quitclaim deed are the county recording fees, which are relatively modest. The absence of transfer taxes makes Alabama particularly attractive for property transfers between family members, to trusts, and to LLCs where the beneficial ownership does not change.
$13
Recording fee
None
Transfer tax
Required
Notarization
0
Witnesses required
Alabama Recording Requirements
Alabama has specific requirements for recording quitclaim deeds. Meeting these requirements ensures your deed is accepted by the county recorder and provides proper legal notice of the property transfer.
Alabama Specific Note
Alabama does not impose a state transfer tax or documentary stamps on real property conveyances, making it one of the more affordable states for quitclaim deed transfers. However, each county sets its own recording fees, so confirm the exact amount with your local probate office before filing. Alabama quitclaim deeds must include the address of the person who prepared the deed.
Document Requirements
- Notarization: The grantor's signature must be notarized by a Alabama notary public or a notary authorized in the state where the deed is signed
- Witnesses: Alabama requires 0 witness(es) for quitclaim deed recording
- Legal Description: Must include the complete legal description of the property as it appears on the current deed of record or county assessor records
- Parcel Number: The assessor's parcel number (APN) or tax ID number must be included on the deed
- Return Address: A mailing address for returning the recorded deed must appear on the first page
- Formatting: Alabama requires standard document formatting with adequate margins for recording stamps, black ink, and minimum 10-point font
Homestead Considerations
Alabama provides a homestead exemption of up to $15,000 in equity for the primary residence. While this primarily protects against creditor claims, quitclaim deed transfers of homestead property should be done carefully to ensure the exemption is properly preserved for the new owner.
How to File a Quitclaim Deed in Alabama
Filing a quitclaim deed in Alabama involves preparing the document, getting it notarized, and recording it with the appropriate county office. Follow these steps for a smooth process.
Prepare the Quitclaim Deed
Complete all fields including grantor and grantee names, legal description, parcel number, and the name and address of the person who prepared the deed (required in Alabama)
Get the Deed Notarized
The grantor must sign before an Alabama notary public. Bring a valid government-issued photo ID. Alabama does not require additional witnesses
File With the County Probate Court
Take the notarized deed to the probate court in the county where the property is located. Alabama records deeds through probate courts, not a separate recorder office
Pay Recording Fees
Pay the county recording fee (typically $13 for the first page plus $3 for each additional page). Alabama has no state transfer tax
Notify Your Mortgage Lender and Tax Assessor
Inform your lender of the ownership change and contact the county tax assessor to update property tax records and verify any homestead exemption eligibility
Alabama Tax Implications
Alabama does not impose a state transfer tax or documentary stamp tax on real property conveyances, which makes quitclaim deed transfers less expensive than in many other states. However, there are still important tax considerations to be aware of.
If the property is being transferred as a gift, the grantor may need to file IRS Form 709 if the property value exceeds the annual gift tax exclusion. The grantee will receive the grantor's cost basis rather than a stepped-up basis, which could result in significant capital gains tax liability when the property is eventually sold.
Alabama does not automatically reassess property values upon transfer. Property is reassessed based on the county's regular reassessment cycle. However, if you are claiming a homestead exemption, you will need to apply for that exemption at the county tax assessor's office after the transfer is recorded.
Alabama Quitclaim Deed Fees & Costs
Below is a breakdown of the typical costs associated with filing a quitclaim deed in Alabama. Actual fees may vary by county.
| Fee / Tax | Amount |
|---|---|
| Recording Fee | $13 first page + $3/additional |
| Transfer Tax / Documentary Stamps | None |
| Notarization | $5 - $25 per signature |
| Certified Copy | $1 - $5 per page |
| Attorney Review (optional) | $150 - $500 |
Sample Alabama Quitclaim Deed
Below is a preview of our Alabama-specific quitclaim deed. Your customized document will include all fields and declarations required for recording in any Alabama county.
QUITCLAIM DEED
STATE OF ALABAMA
Property Transfer Without Warranty
GRANTOR:
Name: [Full Legal Name]
Address: [Alabama Address]
County: [County]
GRANTEE:
Name: [Full Legal Name]
Address: [Mailing Address]
Vesting: [Tenancy Type]
PROPERTY DESCRIPTION
County: [County] State: Alabama
Legal Description: [Per Recorded Plat]
Parcel No.: [APN]
Consideration: $[Amount]
Alabama Quitclaim Deed FAQ
Answers to common questions about filing a quitclaim deed in Alabama, including recording requirements, fees, and tax implications.
Official Alabama Resources
Use these official state resources to verify recording requirements, find your county recorder office, and access government forms for your Alabama property transfer.
Alabama Probate Court Directory
Official recording office and deed requirements
Alabama Department of Revenue - Property Tax
Transfer tax rates, exemptions, and property tax information
IRS Gift Tax Information
Federal gift tax rules for property transfers
American Land Title Association (ALTA)
Title insurance standards and find a title company
Related Alabama Documents
Depending on your property transfer situation, you may need additional documents alongside your Alabama quitclaim deed.
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