Quitclaim Deeds and Transferring Property in Vermont
How to sign and record a quitclaim or other deed in Vermont, and whether you can use a transfer-on-death deed to avoid probate.
Short answer: A deed must be signed by the grantor and acknowledged before a notary public, and recorded in full in the town clerk's office of the town where the land is located. 27 V.S.A. § 341; 27 V.S.A. § 342; 32 V.S.A. chapter 231
| Signing and recording a deed | A deed must be signed by the grantor and acknowledged before a notary public, and recorded in full in the town clerk's office of the town where the land is located. An unrecorded or unacknowledged deed is not effective against anyone other than the grantor and the grantor's heirs. No witnesses are required. A completed property transfer tax return must accompany the deed for recording (the clerk cannot record without it); the general rate is 1.25% plus a 0.22% clean water surcharge, with a lower rate on the first $200,000 of a principal residence. Exemptions from the property transfer tax are listed in 32 V.S.A. § 9603. Rate details: https://tax.vermont.gov/property/property-transfer-tax. |
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| Transfer-on-death deed | Vermont does not have a transfer on death deed statute. Instead, it recognizes the enhanced life estate deed: the owner keeps a life estate and the right to sell or mortgage the property during life without the grantee's consent, and the property vests in the surviving grantee at death, subject to recorded encumbrances. The deed must be validly executed and recorded to take effect; no acceptance or consideration is needed. It can be revoked by recording a deed from the owner to themself, or revised by recording a new enhanced life estate deed. The statute includes an optional form, and the recorded deed is subject to the property transfer tax. The Enhanced Life Estate Deed Act took effect July 13, 2020. Source: 27 V.S.A. §§ 651-660 |
Free Vermont quitclaim deed template — fill in and print
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FAQ
What does a quitclaim deed need to be valid in Vermont?
A deed must be signed by the grantor and acknowledged before a notary public, and recorded in full in the town clerk's office of the town where the land is located. An unrecorded or unacknowledged deed is not effective against anyone other than the grantor and the grantor's heirs. No witnesses are required. A completed property transfer tax return must accompany the deed for recording (the clerk cannot record without it); the general rate is 1.25% plus a 0.22% clean water surcharge, with a lower rate on the first $200,000 of a principal residence.
Does Vermont allow transfer-on-death deeds?
Vermont does not have a transfer on death deed statute. Instead, it recognizes the enhanced life estate deed: the owner keeps a life estate and the right to sell or mortgage the property during life without the grantee's consent, and the property vests in the surviving grantee at death, subject to recorded encumbrances. The deed must be validly executed and recorded to take effect; no acceptance or consideration is needed. It can be revoked by recording a deed from the owner to themself, or revised by recording a new enhanced life estate deed. The statute includes an optional form, and the recorded deed is subject to the property transfer tax.
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.