Quitclaim Deed in Alabama: Witness Rules, Deed Tax and the RT-1 Form

An Alabama quitclaim deed has to be signed by the grantor and either attested by one witness or acknowledged before a notary, it has to say whether each grantor is married, and it goes to the judge of probate in the county where the land sits. Alabama charges deed tax of 50 cents per $500 of value, and it charges it on gifts too. In Mobile County a one-page deed for a $20,000 parcel costs $35.50 to record.

The paper is simple. The two things that get Alabama quitclaim deeds turned away are a missing marital status line and a missing proof of value, and neither one is on the deed forms sold online.

This is general information, not legal advice. A real estate attorney in your state can confirm how it applies to you.

If you have not read the basics, start with how a quitclaim deed works and come back for the Alabama rules.

What does an Alabama quitclaim deed have to say?

Alabama does not print a quitclaim form in its code. The statute people usually point to, Ala. Code 35-4-271, is about something else: it says the words "grant," "bargain" or "sell" in a deed of a fee estate act as an express promise that the grantor owned the land free of encumbrances the grantor created. That is why a quitclaim deed here uses "quitclaim" and "release" and keeps those three words out. Put "grant" in the granting clause and you may have written a warranty by accident. The trade-off is covered in quitclaim deed vs warranty deed.

What the deed needs is the usual list: grantor and grantee named, the land described by legal description (not just an address), the grantor's signature, and the words that pass whatever interest the grantor holds. After that come the two Alabama additions below.

Do you need a witness or a notary?

Either one. Section 35-4-20 says a conveyance of land must be in writing, signed at its foot, and "attested by one witness" (two if the signer cannot write). Section 35-4-23 then says an acknowledgment, the notary's certificate that the signer swore the signature is theirs, counts as compliance with the witness rule. In practice everyone uses the notary, because the probate office wants an acknowledgment on the page and a witness line on its own is easy to get wrong.

The extra line is marital status. Under 35-4-73 the judge of probate may not accept a deed for record unless it recites the marital status of each individual grantor, and a false recital is a misdemeanor. "John Smith, a married man" or "Mary Jones, an unmarried woman" is enough. If the grantor is married and the land is the couple's home, talk to a lawyer before you sign; a spouse's signature can matter even when the spouse is not on the title.

How much is the deed tax on an Alabama quitclaim?

Fifty cents for each $500 of value or fraction of $500, under Ala. Code 40-22-1(c). It is due before the deed is received for record, so the probate office will not file it until it is paid.

The part that surprises people: the tax is not limited to sales. The statute says an instrument offered for record must come with proof of the actual price paid or, if the property was not sold, proof of its actual value, and the judge of probate calculates the tax from that number. The text I read has no carve-out for a gift between family members. A parent who quitclaims a parcel worth $20,000 to a child for "love and affection" still owes tax on about $20,000.

Figures computed in python from the 40-22-1(c) rate. An odd amount rounds up: $20,100 is 41 units, $20.50.

What is the Real Estate Sales Validation Form (RT-1)?

RT-1 is the Alabama Department of Revenue's one-page proof-of-value form. It asks for the grantor and grantee, the property address, the date of sale, and one of three numbers: total purchase price, actual value, or the assessor's market value. You tick how the number can be verified (bill of sale, sales contract, closing statement, appraisal or other). The form says that if the deed itself already carries all of that information, you do not file RT-1 at all.

For a sale, the purchase price is the number. For a gift, "actual value" can be backed by a licensed appraisal or the assessor's current market value. If you give no proof and the probate office has to pick a value, the form warns that the assessor's fair market value is used and the taxpayer is penalized under 40-22-1(h): $100 or 25 percent of the tax due, whichever is greater, for intentionally withholding or falsifying proof after a specific request. Putting a real number on the form is cheaper than a made-up one.

What does recording cost in Alabama?

Deed tax plus the probate office's recording charges, and the charges are set county by county. Mobile County's page lists $2.50 per page, a $1.00 recordation stamp, a $2.00 special recording fee and a $10.00 charge on taxable documents, and it says a blank page (another $2.50) is added when there is no 2 1/2 by 2 1/2 inch space for the stamp. The page carries an effective date of January 1, 2011, so ask the office before you mail a check.

Put together for a one-page deed with $20,000 of value in Mobile County: $2.50 + $1.00 + $2.00 + $10.00 = $15.50 in recording charges, plus $20.00 deed tax, for $35.50. Leave the stamp space blank at the top and you avoid the extra page. A fuller comparison of what the deed costs across the board is in what a quitclaim deed costs.

Why the deed has to be recorded

Recording is what protects the grantee. Under 35-4-90 a deed that is not recorded is "inoperative and void" against a later buyer for value, a mortgage lender or a judgment creditor who had no notice of it. If the grantor sells again, or a creditor of the grantor files a judgment, before your deed is on file, the person who recorded first can win. Record the day you sign.

What a quitclaim does not do in Alabama

It does not clear title and it does not remove a mortgage. If the grantor owes a lender on the parcel, the lien stays on the land and the loan stays with the grantor; a quitclaim deed and a mortgage explains why the bank can still call the loan. It also gives the grantee nothing to sue on if a tax sale, an old easement or a co-owner turns up.

If the goal is to sell rather than to move title between family, a deed this thin is the wrong tool for a stranger. Check Alabama land prices first, then decide between listing and a direct sale. A cash buyer typically closes in 7 to 21 days and lets the title company prepare the deed and the RT-1; a listing on rural Alabama acreage can run six to eighteen months. You can sell land in Alabama to us directly, and the forms for other states are in quitclaim deed forms by state.

FAQs

Does an Alabama quitclaim deed need to be notarized?

Practically yes. The code lets a single witness attest the signature, but an acknowledgment satisfies the witness rule too, and the probate office expects one. Include the grantor's marital status either way.

What is the Alabama deed tax on a quitclaim?

Fifty cents per $500 of value or fraction, charged on actual value even when there is no sale. A $20,000 parcel is $20.00 of tax.

Do I need the real estate sales validation form for a quitclaim deed?

Use RT-1 unless the deed itself states the grantor, grantee, address, date of sale and the price or value. Without proof of value the probate office can use the assessor's figure and a penalty can follow.

Where do I file an Alabama quitclaim deed?

With the judge of probate in the county where the land is. Fees differ by county, so call that office for its schedule.