Deeds must be signed by the grantor, notarized, and recorded with the Register of Deeds. Accompanying the deed must the requisite transfer and documents (see Laws & Requirements section below).
Contents |
Types (5)
Deed of Trust – Also known as a “trust deed,” this form transfers title rights from a borrower (grantor) to a third party (trustee) as security for a real estate loan. The trustee will retain the property title until the borrower repays the loan provider.
Download: PDF, Word (.docx), OpenDocument
General Warranty Deed – This deed includes a guarantee that holds the seller (grantor) liable for title issues that occurred both during and before the grantor’s ownership. The form’s official title is “warranty deed.”
Download: PDF
Quit Claim Deed – Transfers ownership of real property from the grantor to the grantee without title warranties (the grantee becomes liable for current and former title defects).
Download: PDF
Special Warranty Deed – This deed protects the grantee against title defects occurring under the grantor’s ownership, but provides no assurances as to defects caused by prior property owners.
Download: PDF, Word (.docx), OpenDocument
Transfer on Death Deed – Designates a beneficiary who will inherit property from the grantor upon their death.
Download: PDF, Word (.docx), OpenDocument
Laws & Requirements
- Statutes: Chapter 76 (Real Property)
- Formatting: § 23-1503.01
- Signing Requirements (§ 76-211): Notary Public
- Where to Record: Register of Deeds
- Recording Fees (§ 33-109): $10 for the first page + $6 for each additional page
- Documentary Stamp Tax (REG-52-001 thru REG-52-012): This tax is due upon the recording of a deed, unless an exemption applies.
- Forms:
- Certificate of Exemption: Used by the grantor to request an exemption from the documentary stamp tax.
- Real Estate Transfer Statement: Must be filed by the grantee when recording a property deed.
- Property Condition Disclosure Statement (§ 76 2,120(2)): Sellers of residential real estate must deliver this statement to buyers to disclose the material condition of their property.
- Sanitary Improvement District Acknowledgment (§ 31-727.03(2)): If the property being transferred is located within a sanitary improvement district, the prospective buyer will need to sign this acknowledgment form.