Quitclaim Deeds and Transferring Property in Massachusetts
How to sign and record a quitclaim or other deed in Massachusetts, and whether you can use a transfer-on-death deed to avoid probate.
Short answer: A deed cannot be recorded unless a certificate of acknowledgment (or proof of due execution) is attached to it. M.G.L. c. 183, §§ 29, 4; c. 64D, § 1
| Signing and recording a deed | A deed cannot be recorded unless a certificate of acknowledgment (or proof of due execution) is attached to it. A conveyance is not valid against third parties without actual notice unless it is recorded in the registry of deeds for the county or district where the land lies. A deeds excise tax applies to sales of real estate: $2 for each $500 of consideration (above $100), or $1.50 per $500 in Barnstable County. Recording effect: https://malegislature.gov/Laws/GeneralLaws/PartII/TitleI/Chapter183/Section4; deeds excise: https://malegislature.gov/Laws/GeneralLaws/PartI/TitleIX/Chapter64D/Section1. |
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FAQ
What does a quitclaim deed need to be valid in Massachusetts?
A deed cannot be recorded unless a certificate of acknowledgment (or proof of due execution) is attached to it. A conveyance is not valid against third parties without actual notice unless it is recorded in the registry of deeds for the county or district where the land lies. A deeds excise tax applies to sales of real estate: $2 for each $500 of consideration (above $100), or $1.50 per $500 in Barnstable County.
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.