If you are adding a spouse to title, removing a former spouse, giving property to a family member, moving real estate into a trust, handling an inheritance, or cleaning up ownership records, an Arkansas 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, notarization, where to record the deed, whether your spouse needs to sign because of Arkansas's homestead and dower and curtesy rules, and whether the real property transfer tax applies to your situation.
The good news is that most family gift transfers described on this page are exempt from Arkansas's transfer tax, and the paperwork stays fairly simple once you know whose signature is needed.
Good News for Family Gifts:
Arkansas exempts deeds transferring real estate as a gift, or for $100 or less, from its real property transfer tax. Deeds dividing marital property between divorcing spouses, deeds correcting a prior recorded deed, and several other categories are exempt as well.
Every deed still needs a tax certification statement, signed by the grantee, either confirming the correct tax was paid or stating that the transfer is exempt. For most of the situations described on this page, that statement is a quick step rather than an actual cost.
Check Whether Your Spouse Needs to Sign:
If the property is a marital homestead, Arkansas law requires both spouses to sign the deed, even if only one spouse's name is on the title. A homestead deed missing the other spouse's signature isn't valid.
Arkansas is also one of the few states that still recognizes traditional dower and curtesy rights, which give a non-owner spouse an interest even in non-homestead property. Including the spouse's signature to release these rights, even when not strictly required for a homestead determination, helps avoid title questions later.
What You Need Before Filling Out the Deed
Before you start typing names into a deed form, gather the information Arkansas circuit clerks commonly expect.
- Current deed or property record
- Grantor's full legal name and mailing address
- Grantee's full legal name and mailing address
- Complete legal description of the property
- Arkansas county where the property is located
- Notary acknowledgment for the grantor's signature
- Your spouse's signature, if the property is your homestead
- A tax certification statement, signed by the grantee
- A government-issued photo ID for in-person filing
- Return mailing address after recording
- Recording fees and any transfer tax due
How to Fill Out an Arkansas Quitclaim Deed
Step 1: Identify the Correct Circuit Clerk
Arkansas deeds are recorded with the Circuit Clerk in the county where the real property is located. Ten Arkansas counties are split into two judicial districts with their own separate recording offices, so double-check you're using the right one.
Step 2: Enter the Preparer and Return Address Information
Include the name and address of whoever prepared the deed, plus 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 and mailing address. While Arkansas doesn't strictly require the grantor's marital status to appear on the deed, including it can help avoid confusion over homestead and dower questions.
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, since the grantee also signs the tax certification statement described below.
Step 5: Choose the Ownership Wording Carefully
If there is more than one grantee, be specific about the ownership form, such as tenancy in common or joint tenancy with right of survivorship, so the deed reflects what you actually intend.
Step 6: Add the Legal Description
Use the complete legal description from the current deed or official county property records, matching it exactly. A street address may help identify the property, but it is not a substitute for the full legal description.
Use conveying language such as "grants, conveys, and quitclaims" rather than "grants, bargains, and sells," which implies a warranty of title that a quitclaim deed doesn't provide.
Step 7: Confirm Whether Your Spouse Needs to Sign
If the property is your homestead, your spouse must sign the deed as well, even if only your name is on the current title. For non-homestead property, consider including your spouse's signature anyway to release dower or curtesy rights, which helps keep the title clear for future transfers.
Step 8: Sign and Notarize the Deed
The grantor must sign the deed, and the signature must be acknowledged before a notary public . Arkansas does not require additional witnesses beyond the notary.
Arkansas allows Remote Online Notarization (RON) , which lets you meet with a notary by secure live video instead of traveling to an office.
Before choosing online notarization, confirm your county's circuit clerk will accept a remotely notarized deed. Learn more on our Remote Online Notarization by State page.
Step 9: Complete the Tax Certification and Record the Deed
The grantee signs a statement either confirming that documentary stamps in the correct amount are included, or certifying that the transfer is exempt from the real property transfer tax. This statement can be included in the deed itself or attached as a separate affidavit of compliance.
Submit the signed and notarized deed, the tax certification, and the recording fee to the Circuit Clerk in the county where the property is located. Bring a government-issued photo ID if filing in person, since Arkansas began requiring this for individual filers in 2025.
Will You Owe Transfer Tax?
For a lot of the situations that bring people to this page, the answer is: usually not.
Arkansas exempts deeds transferring real estate as a gift, or for $100 or less, from the real property transfer tax. Deeds dividing marital property in a divorce, deeds correcting a previously recorded deed on which tax was already paid, deeds transferring only a leasehold interest, and a handful of other categories are exempt as well.
Even on an exempt transfer, the deed still needs the grantee's signed tax certification statement, simply confirming the exemption rather than calculating a payment.
For transfers that do involve real consideration above $100 and aren't otherwise exempt, the rate is $3.30 for every $1,000 of consideration, with roughly two-thirds of that generally treated as the grantee's responsibility.
Arkansas Signing and Recording Notes
- Arkansas deeds are recorded with the Circuit Clerk in the county where the property is located.
- The grantor's signature must be notarized; Arkansas doesn't require additional witnesses.
- Homestead property needs both spouses' signatures to be valid.
- Arkansas still recognizes dower and curtesy rights, even for non-homestead property.
- Gift transfers, and transfers of $100 or less, are exempt from the transfer tax.
- Every deed needs a signed tax certification statement, taxable or exempt.
- Avoid "grants, bargains, and sells" language, which implies a warranty a quitclaim deed doesn't give.
- Ten counties have two judicial district recording offices; confirm the correct one.
- In-person filers need a government-issued photo ID as of 2025.
- Assuming a quitclaim deed changes responsibility for a mortgage is a common misconception.
Official Arkansas Sources
Common Arkansas Quitclaim Deed Mistakes
- Recording in the wrong judicial district office within a split county
- Using only the street address instead of the legal description
- Forgetting a spouse's signature on homestead property
- Leaving out the tax certification statement, even on an exempt gift
- Forgetting that the deed needs a notary acknowledgment
- Using "grants, bargains, and sells" language that implies a warranty
- Leaving out the grantee's mailing address
- Not bringing photo ID for in-person filing
- Using unclear ownership wording when there is more than one grantee
- Assuming a quitclaim deed changes responsibility for a mortgage
How This Fits Into the Arkansas Quitclaim Deed Process
An Arkansas 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 whether homestead or dower rules call for a spouse's signature, notarize it correctly, complete the tax certification statement, and record it with the right circuit clerk.
Arkansas Quitclaim Deed FAQ
Where do I record an Arkansas quitclaim deed?
Record the deed with the Circuit Clerk, who acts as county recorder in most Arkansas counties, in the county where the property is located.
Will I owe transfer tax if I give property to a family member?
Usually not. Arkansas exempts gift transfers, and transfers of $100 or less, from the real property transfer tax. A tax certification statement is still required on the deed either way.
Does an Arkansas quitclaim deed need to be notarized?
Yes. The grantor's signature must be acknowledged before a notary public. Arkansas does not require additional witnesses.
Do I need my spouse's signature on the deed?
If the property is a marital homestead, both spouses must sign, even if only one is on the title. For non-homestead property, a non-owner spouse's signature is often included too, to release dower or curtesy rights.
Is this legal advice?
No. This page provides general educational information and is not legal advice.