Quitclaim Deeds and Transferring Property in Alabama
How to sign and record a quitclaim or other deed in Alabama, and whether you can use a transfer-on-death deed to avoid probate.
Short answer: A deed must be in writing and signed by the grantor (or an agent with written authority). It must be attested by one witness (two if the grantor signs by mark or has someone else sign), but an acknowledgment before a notary or other authorized officer satisfies the witness requirement. Ala. Code §§ 35-4-20, 35-4-23, 35-4-24, 35-4-50, 35-4-62, 40-22-1
| Signing and recording a deed | A deed must be in writing and signed by the grantor (or an agent with written authority). It must be attested by one witness (two if the grantor signs by mark or has someone else sign), but an acknowledgment before a notary or other authorized officer satisfies the witness requirement. Deeds are recorded in the office of the judge of probate in the county where the land is located. A deed tax of 50 cents per $500 of value (after qualifying mortgages) must be paid before recording, with exceptions such as deeds for nominal consideration to perfect title. |
|---|---|
| Transfer-on-death deed | Alabama has not adopted a transfer-on-death (beneficiary) deed for real estate; the Code of Alabama contains no such statute. Real estate generally passes by will, intestacy, survivorship ownership or a trust. Check for later legislation before relying on this. |
Free Alabama quitclaim deed template — fill in and print
More Alabama estate law
- Medical Power of Attorney in Alabama
- Small Estate Affidavit in Alabama
- Power of Attorney in Alabama
- Who Inherits If You Die Without a Will in Alabama
- How to Make a Valid Will in Alabama
- How Probate Works in Alabama
- Living Wills and Advance Directives in Alabama
- Revocable Living Trusts in Alabama
- Executor Duties in Alabama
- Letters Testamentary in Alabama
- Affidavit of Heirship in Alabama
- How to Avoid Probate in Alabama
- Transferring a Car After Someone Dies in Alabama
- All Alabama wills, probate and estate rules
FAQ
What does a quitclaim deed need to be valid in Alabama?
A deed must be in writing and signed by the grantor (or an agent with written authority). It must be attested by one witness (two if the grantor signs by mark or has someone else sign), but an acknowledgment before a notary or other authorized officer satisfies the witness requirement. Deeds are recorded in the office of the judge of probate in the county where the land is located. A deed tax of 50 cents per $500 of value (after qualifying mortgages) must be paid before recording, with exceptions such as deeds for nominal consideration to perfect title.
Does Alabama allow transfer-on-death deeds?
Alabama has not adopted a transfer-on-death (beneficiary) deed for real estate; the Code of Alabama contains no such statute. Real estate generally passes by will, intestacy, survivorship ownership or a trust.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.