If you are adding a spouse to title, removing a former spouse, transferring property to a family member, moving real estate into a trust, handling an inheritance, or cleaning up ownership records, an Alabama quitclaim deed may be the document you are looking for.
The deed itself is often the simple part. The details that cause confusion are usually the legal description, signing and notarization, where to record the deed, whether your spouse needs to sign because of Alabama's homestead rule, and the sales validation form Alabama requires with every deed.
The good news is that Alabama's process is manageable once you understand a few requirements that catch people off guard, particularly around homestead property and the mandatory validation form.
Important Alabama Recording Note:
Alabama is one of the few states that records real estate through the county Judge of Probate rather than a separate recorder or register of deeds. Record the deed in the county where the property is located.
Every Alabama deed also needs a completed Real Estate Sales Validation Form (RT-1), disclosing the actual purchase price or fair market value. This applies to every deed, including family gifts, and the Probate Judge's office will not record a deed without it.
Homestead Property Needs Both Spouses' Signatures:
If the property being transferred is the grantor's homestead, Alabama requires both spouses to sign the deed, even if only one spouse's name is on the title. The non-owner spouse must also be separately examined before a notary or other authorized officer, who certifies the signature was given voluntarily.
A deed conveying homestead property that's signed by only one spouse can be challenged and potentially voided later. If the property is not the grantor's homestead, it's common practice to include a statement on the deed confirming that, to avoid any question about it.
What You Need Before Filling Out the Deed
Before you start typing names into a deed form, gather the information Alabama probate offices commonly expect.
- Current deed or property record, including the source of title (deed book and page)
- Grantor's full legal name and marital status
- Grantee's full legal name and mailing address
- Complete legal description of the property
- Alabama county where the property is located
- The name and address of whoever prepared the deed
- Return mailing address after recording
- Your spouse's signature, if the property is your homestead
- Notary acknowledgment or witness attestation for the grantor's signature
- A completed Real Estate Sales Validation Form (RT-1)
- Recording fees and the deed transfer tax
How to Fill Out an Alabama Quitclaim Deed
Step 1: Identify the Correct Judge of Probate
Alabama deeds are recorded with the Judge of Probate in the county where the property is located. Each county's probate office can have its own formatting and submission expectations, so it's worth checking before you file.
Step 2: Enter the Preparer and Return Address Information
Alabama requires the name and address of whoever prepared the deed to appear on the document. Also include the mailing address where the recorded deed should be returned.
Step 3: Enter the Grantor Information
The grantor is the current owner transferring their interest in the property.
Use the grantor's full legal name. Alabama also requires the grantor's marital status to be stated on the deed. Leaving this out is a common reason a deed gets sent back unrecorded.
Step 4: Enter the Grantee Information
The grantee is the person receiving the property interest.
Include the grantee's full legal name and mailing address.
Step 5: Choose the Ownership Wording Carefully
If there is more than one grantee, know that Alabama does not automatically give joint owners a right of survivorship. If you want the property to pass automatically to a surviving co-owner, the deed must expressly say "with right of survivorship" or similar language. Without it, a deceased owner's share passes through their estate instead.
Step 6: Add the Legal Description
Use the complete legal description from the current deed or official county property records, not the shorter description used for tax assessment purposes. Many counties also expect a derivation clause showing the deed book and page where the grantor originally acquired the property.
If the property is described by reference to a recorded plat, the plat itself, or a reference to the book and page where it's recorded, generally needs to be included as well.
Step 7: Confirm the Homestead Status
Check whether the property is the grantor's homestead. If it is, both spouses need to sign, with the non-owner spouse separately examined by a notary. If it isn't, it's common practice to include a statement on the deed confirming the property is not the grantor's homestead.
Step 8: Sign and Notarize (or Witness) the Deed
The grantor must either sign before a notary public or have the signature attested by a witness. If the grantor cannot write, two witnesses are required instead.
Alabama does not offer full Remote Online Notarization the way many other states do. Instead, Alabama allows Remote Ink Notarization (RIN) , where the notary verifies your identity over live video, but you still sign a physical document in ink and get it to the notary for certification afterward.
An out-of-state notary using full electronic Remote Online Notarization can also work for an Alabama deed, since Alabama recognizes notarizations properly performed under another state's law. Confirm with your county's probate office before relying on this option. Learn more on our Remote Online Notarization by State page.
Step 9: Complete the Sales Validation Form and Record the Deed
Fill out the Real Estate Sales Validation Form (RT-1), stating the actual purchase price or fair market value of the property. This form is required with every deed, including gifts between family members.
Submit the signed and notarized (or witnessed) deed, the RT-1 form, and the recording fee and deed tax to the Judge of Probate in the county where the property is located. Bring a self-addressed stamped envelope if you're recording by mail.
What Will Recording Cost?
Alabama's costs are generally modest compared to many states, but they apply regardless of whether the transfer is a sale or a family gift.
The deed transfer tax is $0.50 for every $500 of the property's value, a flat 0.1% rate. Recording fees are set individually by each county and typically add another modest amount on top, so it's worth checking with your specific probate office for the current fee schedule.
Unlike some states, Alabama doesn't appear to offer a broad exemption from this tax for family transfers. The Real Estate Sales Validation Form and the deed tax payment are expected regardless of the relationship between the parties, so it's best to budget for this small cost rather than assume a gift will be free to record.
Alabama Signing and Recording Notes
- Alabama deeds are recorded with the Judge of Probate in the county where the property is located.
- The grantor's signature must be notarized or witnessed; two witnesses are needed if the grantor can't write.
- The grantor's marital status must be stated on the deed.
- If the property is a homestead, both spouses must sign, or the deed can later be voided.
- Use the complete legal description, not the tax assessor's shorter description.
- Alabama does not presume survivorship between joint owners; the deed must state it expressly.
- The Real Estate Sales Validation Form (RT-1) is required with every deed, gift or sale.
- The deed transfer tax is $0.50 per $500 of value.
- Alabama is a race-notice state, so a later recorded deed can prevail over an earlier unrecorded one.
- Assuming a quitclaim deed changes responsibility for a mortgage is a common misconception.
Official Alabama Sources
Common Alabama Quitclaim Deed Mistakes
- Recording in the wrong county
- Using only the street address instead of the legal description
- Leaving out the grantor's marital status
- Forgetting a spouse's signature on homestead property
- Leaving out the preparer name and address
- Forgetting the Real Estate Sales Validation Form (RT-1)
- Using words like "grant," "bargain," or "sell" that imply a warranty of title
- Assuming joint ownership includes survivorship without stating it in the deed
- Missing a required derivation clause or plat reference in the legal description
- Assuming a quitclaim deed changes responsibility for a mortgage
How This Fits Into the Alabama Quitclaim Deed Process
An Alabama quitclaim deed can be a practical way to update ownership, especially for family gifts, trust transfers, estate planning, and divorce-related transfers.
The key is to prepare the deed carefully, confirm the homestead status and spousal-signature question, sign it correctly, complete the sales validation form, and record it with the right county probate office.
Alabama Quitclaim Deed FAQ
Where do I record an Alabama quitclaim deed?
Record the deed with the Judge of Probate in the Alabama county where the property is located.
Does an Alabama quitclaim deed need to be notarized?
The deed must either be acknowledged before a notary public or attested by a witness. If the grantor cannot write, two witnesses are required.
Do I need my spouse's signature on the deed?
If the property is the grantor's homestead, Alabama requires both spouses to sign, regardless of who holds title. A deed conveying homestead property signed by only one spouse can be challenged and voided.
What is the Real Estate Sales Validation Form?
It's a required form (Form RT-1) that discloses the actual purchase price or value of the property. Alabama will not record a quitclaim deed without it, regardless of the relationship between the parties.
Is this legal advice?
No. This page provides general educational information and is not legal advice.