Quit Claim Deed in Georgia: Witness, Notary and Recording

Last updated: June 14, 2026

A quit claim deed in Georgia transfers whatever ownership interest the grantor currently holds in a property to the grantee — with no warranty of title whatsoever. If the grantor's interest turns out to be incomplete or encumbered, the grantee receives exactly that — nothing more. Before signing or accepting one, it helps to understand what Georgia generally requires for execution, notarization, recording, and transfer tax.

What a Quit Claim Deed Does (and Does Not) Convey

Unlike a warranty deed, a quit claim deed carries no promise that the grantor actually owns the property free and clear. The grantor simply conveys "whatever interest I may have," which could be full ownership, a fractional interest, or nothing at all. Because of this, quit claim deeds are most commonly used in lower-risk situations where the parties already know each other's ownership position — for example, transferring property between spouses, adding or removing a family member from title, clearing up a cloud on title, or moving property into a trust. Anyone purchasing property in an arm's-length transaction should generally insist on a warranty deed and title insurance instead. Consult a licensed Georgia real estate attorney to determine which deed type fits your situation.

Georgia's Two-Witness Requirement

Georgia's execution requirements for deeds are more demanding than many other states. Under Georgia law, a deed must generally be signed by the grantor in the presence of two witnesses. One of those witnesses must be an official authorized to attest deeds — in practice, this means one witness is typically a notary public. The second witness is commonly referred to as an "unofficial" or "additional" witness and can be any competent adult who personally observes the signing. Both witnesses then sign the deed themselves. Georgia law also requires that the notary (or other authorized officer) acknowledge the deed.

The practical takeaway: simply having a notary alone is not enough in Georgia. You need the notary plus at least one additional witness present at the signing. Confirm the current execution requirements with a licensed attorney or the Clerk of the Superior Court in the relevant county before finalizing your deed, as requirements can change.

Georgia has also adopted rules permitting remote online notarization in certain circumstances, as of guidance issued by the Georgia Department of Revenue. If you intend to use remote notarization, verify that the notary's home state permits it and that the resulting document will be accepted for recording in your county. An attorney can help you navigate this.

Required Elements of the Deed Itself

Beyond proper signing, a valid Georgia quit claim deed generally needs to include:

The full legal name of the grantor (the person transferring the interest).
The full legal name and mailing address of the grantee (the person receiving the interest).
A clear statement of consideration — even if the transfer is a gift, a nominal amount such as "ten dollars and other good and valuable consideration" is typically stated.
A complete legal description of the property, as it appears in prior recorded instruments or the county tax records. A street address alone is generally not sufficient.
The grantor's signature, dated and witnessed as described above.

The legal description is one of the most common sources of errors. If your description is ambiguous or incomplete, recording clerks may reject the deed or — worse — the transfer may later be challenged. Pull the legal description from the current deed of record or the county tax assessor's office, and have an attorney review it if you have any uncertainty.

Recording with the Superior Court Clerk

Georgia real estate deeds are recorded with the Clerk of the Superior Court in the county where the property is located — not with a county recorder's office as in many other states. Recording is what gives the public notice of the transfer and generally protects the grantee against competing claims from subsequent purchasers.

Before the deed can be recorded, the real estate transfer tax (described below) must be paid and certified. Fees charged by the Clerk of Superior Court vary by county and are typically assessed on a per-page basis. Contact the specific county clerk's office for current fee schedules, as these are set locally and change periodically. You can find contact information for each county's Superior Court Clerk through the Georgia Superior Court Clerks' Cooperative Authority at gmcc.georgia.gov.

Georgia Real Estate Transfer Tax

Georgia imposes a real estate transfer tax on deeds conveying property when the consideration exceeds $100. As of 2026, according to the Georgia Department of Revenue, the rate is generally $1.00 per $1,000 of the property's fair market value or consideration (or fractional part thereof). Georgia does not impose an additional county-level transfer tax on top of the state rate, which distinguishes it from several other states.

Certain transfers are commonly exempt from the tax, including transfers between spouses, transfers to government entities, and transfers resulting from inheritance. If your transfer involves no monetary consideration — for example, adding a child to title as a gift — how the tax is calculated may depend on whether the county assesses fair market value in the absence of stated consideration. Verify the current exemption rules and how to properly document your exemption claim with the Clerk of Superior Court or a licensed attorney. Do not rely on general descriptions of exemptions for tax filing purposes; confirm with a CPA or attorney whether any exemption applies to your specific transfer.

Common Uses in Georgia

Georgia practitioners commonly use quit claim deeds in the following situations:

Divorce property settlements — one spouse conveys their interest in the marital home to the other as part of a settlement agreement.
Family gifts — parents transferring property to adult children, or siblings dividing inherited property.
Trust transfers — moving individually held property into a living trust or family LLC, where warranties of title are not needed because the grantor and grantee are functionally related.
Clearing title defects — curing a gap in the chain of title where a prior deed was defective.

In all of these situations, it is worth emphasizing: the grantee acquires only what the grantor actually has. If there are liens, easements, or competing claims on the property, those issues do not disappear simply because a quit claim deed was recorded. A title search before accepting any deed is generally a sound practice.

Key Steps at a Glance

Prepare the deed with the grantor's and grantee's names, property legal description, and consideration.
Arrange for signing in front of a notary public and at least one additional witness.
All parties — grantor, notary, and second witness — sign the deed.
Determine whether the transfer tax applies and calculate the amount due based on the consideration or fair market value.
File the executed deed with the Clerk of the Superior Court in the county where the property is located, paying the transfer tax and recording fee at that time.

Confirm each step with the relevant county clerk's office or a licensed Georgia real estate attorney before proceeding. Requirements and fees can vary by county and are subject to change by the Georgia legislature.