A quitclaim deed in Georgia transfers whatever interest the signer has in a property, with no promise that the title is good. To be recorded it must be an original, signed by the grantor, attested by an official witness such as a notary, and attested by one other witness. It is filed with the Clerk of Superior Court in the county where the land sits, together with a PT-61 transfer tax form. The recording fee is a flat $25.
Georgia differs from most states in three ways: the two-witness rule, the PT-61 form that goes with every deed, and the fact that deeds are recorded by a court clerk, not a county recorder. It also has two local problems a quitclaim will not fix: security deeds and heirs' property.
If you want the basics first, start with how a quitclaim deed works.
What a Georgia quitclaim deed does and does not do
A quitclaim deed passes the grantor's interest and nothing more. If the grantor owns a one-sixth share, the grantee gets one-sixth. If the grantor owns nothing, the grantee gets nothing.
There is no warranty of title, which is why quitclaims are used between spouses and family members, or to clear up an old defect. Buyers paying market price want a warranty deed. The difference is covered in quitclaim deed vs warranty deed.
The two-witness rule
Under O.C.G.A. 44-5-30, a deed to lands must be an original document, in writing, signed by the maker, attested by an officer as provided in Code Section 44-2-15, and attested by one other witness.
In plain terms, two people watch the grantor sign:
- The official witness. O.C.G.A. 44-2-15 lists who qualifies: a judge of a court of record, a magistrate, a notary public, or a clerk or deputy clerk of a superior court. Nearly everyone uses a notary.
- The unofficial witness. One additional person who signs as a witness. The notary cannot fill both roles.
O.C.G.A. 44-2-14 then says a deed must be an original and properly attested or acknowledged before it can be recorded. A deed with only a notary block, which is all many states require, is the most common reason a Georgia clerk sends a quitclaim back. Pick witnesses who are not parties to the deed.
The PT-61 form and transfer tax
Georgia charges a real estate transfer tax, and the paperwork is required even when no tax is owed.
The rate. Per the Georgia Department of Revenue, the tax is $1 for the first $1,000 (or fractional part) of the price and 10 cents for each additional $100 (or fractional part). That works out to $1 per $1,000. The seller is legally liable for it, though a contract can shift it to the buyer.
The form. The PT-61 is the Real Estate Transfer Tax Declaration. It is completed online through the Georgia Superior Court Clerks' Cooperative Authority and submitted with the deed. The tax must be paid before the clerk will record the deed.
Exemptions. O.C.G.A. 48-6-2 exempts a number of transfers. The ones that matter most for quitclaim deeds:
- Any deed of gift.
- A transfer between spouses in connection with a divorce case.
- A deed of assent or distribution by an executor, administrator, guardian, trustee or custodian.
An exemption does not excuse the form. The statute requires the total consideration to be shown on the PT-61 in order to claim any exemption, so a gift deed between family members still needs one, with the exemption marked.
| Situation | Transfer tax | PT-61 needed |
|---|---|---|
| Sale for $20,000 | $20 | Yes |
| Gift to a family member, nothing paid | Exempt | Yes |
| Spouse to spouse as part of a divorce | Exempt | Yes |
If money or anything of value changes hands, it is not a gift, whatever the deed says. If you are unsure whether an exemption applies, the Department of Revenue directs the question to the Clerk of Superior Court in the county.
Recording with the Clerk of Superior Court
Georgia has no county recorder or register of deeds. Deeds are recorded in the real estate division of the Clerk of Superior Court, in the county where the land is located.
The recording fee is a flat $25 per deed, regardless of page count. That flat fee structure took effect January 1, 2020 under House Bill 288, which amended O.C.G.A. 15-6-77, and it is the same in every county. Clerks have their own rules on format and e-filing, so check the county clerk's site before mailing anything.
How to file a quitclaim deed in Georgia
- Get the exact legal description and the names as they appear on the current recorded deed.
- Have the deed prepared with a signature line for the grantor, the notary and the second witness.
- Sign the original in front of both witnesses.
- Complete the PT-61 online and pay any transfer tax, or mark the exemption.
- Record the original deed with the Clerk of Superior Court in the county where the land sits and pay the $25 fee.
- Keep the recorded deed when the clerk returns it.
We do not provide deed forms. A wrong legal description or a missing witness costs more to fix than an attorney would have charged to draft the deed.
A quitclaim does not release a security deed
Georgia lenders generally do not use mortgages. They use a security deed, also called a deed to secure debt. With a mortgage, the lender holds a lien. With a Georgia security deed, the borrower conveys legal title to the lender to secure the loan and keeps equitable title plus the right to get legal title back by paying off the debt. Security deeds usually carry a power of sale, which lets the lender foreclose without going to court.
That matters for quitclaims in two ways:
- The debt stays with the borrower. Quitclaiming land to a relative or an ex-spouse does not take your name off the note. You still owe it.
- The security deed stays on the land. The grantee takes the property subject to it. If the loan goes unpaid, the lender can still foreclose.
Only the lender can clear a security deed, by cancelling it of record once the debt is paid. Ask the lender before deeding encumbered land.
Heirs' property: why a quitclaim among heirs may not be enough
Heirs' property is common in Georgia, particularly on rural land. It is land still titled in the name of someone who died, often a grandparent, with no estate ever opened. The heirs own it together as tenants in common, each with an undivided share of the whole parcel, and the number of owners grows with every generation.
Families often try to fix this with quitclaim deeds: the cousins all deed their shares to the one who pays the taxes. That can be part of the answer. It is rarely the whole answer, for these reasons:
- A quitclaim only moves the signer's share. If one heir is missed, unknown or unwilling, that share stays out.
- The record still shows the deceased owner. Nothing in the deed records proves who the heirs are. A title company will generally want that established, usually through the probate court, before it insures a sale.
Georgia adopted the Uniform Partition of Heirs Property Act (O.C.G.A. 44-6-180 and following), which applies to partition actions filed after July 1, 2013. If a co-owner asks a court to force a sale, the other co-owners must be given a chance to buy that person out, and any court-ordered sale has to follow an appraisal and fair market value process. That is a court case, not a deed.
If this is your situation, read how to sell inherited land and talk to a Georgia probate or real estate attorney before anyone signs. A buyer who handles inherited land regularly can tell you early what the title company will ask for.
The bottom line
A Georgia quitclaim deed needs an original signature, a notary or other official witness, and one more witness. It is recorded with the Clerk of Superior Court in the county where the land sits for a flat $25, along with a PT-61. Transfer tax is $1 per $1,000 unless an exemption such as a deed of gift applies, and the PT-61 is filed either way.
A quitclaim moves an interest. It does not pay off a security deed and it does not turn heirs' property into marketable title. Confirm the details with the county clerk or a Georgia attorney for your own deed.
If the goal is to be done with the parcel rather than pass it around the family, you can sell land in Georgia directly. We buy vacant land for cash, pay the closing costs and charge no fees or commissions, and the closing attorney prepares the deed. Get a cash offer and you will have a number within 24 hours.
This guide is general information, not legal advice. Deed, tax and recording rules change and differ by county, so confirm the details with your county recorder or an attorney before you sign or file anything.