Quitclaim Deeds and Transferring Property in Tennessee
How to sign and record a quitclaim or other deed in Tennessee, and whether you can use a transfer-on-death deed to avoid probate.
Short answer: To be recorded with the county register of deeds, a deed must bear the grantor's original signature (an electronic signature counts) and be either acknowledged before an officer authorized to take acknowledgments (in person or by approved online audio-video notarization) or proved by at… Tenn. Code Ann. § 66-22-101; § 66-5-106; § 67-4-409
| Signing and recording a deed | To be recorded with the county register of deeds, a deed must bear the grantor's original signature (an electronic signature counts) and be either acknowledged before an officer authorized to take acknowledgments (in person or by approved online audio-video notarization) or proved by at least two subscribing witnesses. An unrecorded or unacknowledged deed is not effective against third parties. The state realty transfer tax is 37 cents per $100 of the greater of the consideration or the property's value (for a quitclaim deed, only the actual consideration), paid by the grantee, who must state the consideration or value under oath on the deed; transfers such as to one's own revocable living trust or by an executor implementing a will are exempt. Official code not freely readable online; text verified on a public code mirror (code year 2024). |
|---|---|
| Transfer-on-death deed | No. Tennessee has no statute authorizing a transfer on death (beneficiary) deed for real estate. A 2026 bill to create one (HB1793/SB2029) was not enacted. Real estate can pass outside probate through other arrangements, such as a survivorship deed or a trust. |
Free Tennessee quitclaim deed template — fill in and print
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FAQ
What does a quitclaim deed need to be valid in Tennessee?
To be recorded with the county register of deeds, a deed must bear the grantor's original signature (an electronic signature counts) and be either acknowledged before an officer authorized to take acknowledgments (in person or by approved online audio-video notarization) or proved by at least two subscribing witnesses. An unrecorded or unacknowledged deed is not effective against third parties. The state realty transfer tax is 37 cents per $100 of the greater of the consideration or the property's value (for a quitclaim deed, only the actual consideration), paid by the grantee, who must state the consideration or value under oath on the deed; transfers such as to one's own revocable living trust or by an executor implementing a will are exempt.
Does Tennessee allow transfer-on-death deeds?
No. Tennessee has no statute authorizing a transfer on death (beneficiary) deed for real estate. A 2026 bill to create one (HB1793/SB2029) was not enacted. Real estate can pass outside probate through other arrangements, such as a survivorship deed 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.