This page explains how to fill out a Massachusetts quitclaim deed in plain English.
A Massachusetts quitclaim deed is used to transfer whatever ownership interest the grantor has in Massachusetts real estate to another person or grantee.
Massachusetts deed recording can look simple at first, but the Registry of Deeds may check the acknowledgment, printed names, document formatting, return address, recording area, deed excise tax, and whether any exemption is being claimed.
Massachusetts Is a Little Different: Quitclaim Deeds Are the Standard Choice
In most states, a quitclaim deed is the "no promises" option, used mainly for family transfers or clearing up title questions, while a warranty deed is what's used for ordinary sales. Massachusetts works differently.
A Massachusetts quitclaim deed actually includes limited statutory promises: the grantor confirms they haven't personally encumbered the property, and agrees to defend against claims that arose during their own ownership. Because of this, the Massachusetts quitclaim deed is the deed most commonly used for ordinary property sales, not just family transfers.
If you're looking for a deed with absolutely no promises at all — the kind most other states call a "quitclaim deed" — Massachusetts calls that a release deed instead.
Important Massachusetts Recording Note:
Massachusetts quitclaim deeds are recorded with the Registry of Deeds for the county or registry district where the property is located.
The deed generally must be acknowledged before a notary public before it can be recorded. Massachusetts doesn't require a separate witness beyond the notary. Massachusetts recording offices commonly require the signer's name and the notary's name to be printed beneath their signatures, and the notary expiration date should be shown.
If the property you're transferring is your primary residence and has a filed Declaration of Homestead, transferring the property can affect that protection. It's worth checking with the Registry of Deeds about how the transfer interacts with an existing homestead filing before recording.
Massachusetts also imposes deed excise tax on many property transfers. This can be one of the largest recording-related costs associated with a quitclaim deed.
Example: a $100,000 taxable transfer would generally result in about $456 in Massachusetts deed excise tax. Barnstable County uses a higher rate, which can result in additional tax.
The taxable amount is generally based on the consideration paid for the property. However, some transfers may qualify for no tax or exemption treatment depending on the nature of the transfer.
Learn more about Massachusetts Deed Excise Tax and Massachusetts Deed Excise Tax Exemptions.
What You Need Before Filling Out the Deed
- Current deed or property record
- Grantor’s full legal name and mailing address
- Grantee’s full legal name and mailing address
- Legal description of the property
- Massachusetts county or registry district where the property is located
- Consideration amount, gift-transfer information, or exemption information
- Return mailing address after recording
- Notary acknowledgment information
- Deed excise payment or exemption information
- Registry recording fee and any local formatting requirements
How to Fill Out a Massachusetts Quitclaim Deed
Step 1: Identify the Correct Registry of Deeds
Massachusetts deeds are recorded with the Registry of Deeds for the county or registry district where the property is located.
Some counties and districts have separate registry offices, so confirm the correct Registry before submitting the deed.
Step 2: Enter the Preparer and Return Information
Include the return name and mailing address on the first page so the recorded deed can be returned after recording.
If the deed does not contain the required recording information area, the Registry may require a document cover sheet.
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. The name should match the current deed or explain any name difference.
Step 4: Enter the Grantee Information
The grantee is the person receiving the property interest.
Enter the grantee’s full legal name and mailing address. Review how the grantee will hold title if more than one person is receiving the property interest.
Step 5: Add the Legal Description
Use the legal description from the current deed or official land records.
Do not rely only on the property street address. The Registry of Deeds records the legal description used in the deed.
Step 6: State the Consideration or Transfer Type
State the consideration or transfer information in a way that matches the actual transaction.
If the transfer involves no money, a gift, a family transfer, or another non-sale transfer, do not assume that the tax result is automatic. The deed excise treatment should still be reviewed.
Step 7: Review Deed Excise Tax
Before recording, determine whether deed excise tax applies to your transfer and whether any exemption is available.
Many family transfers, trust transfers, estate transfers, and other transactions raise tax questions that should be reviewed before recording.
See the Massachusetts Deed Excise Tax and Massachusetts Deed Excise Tax Exemptions pages for details.
Step 8: Sign and Acknowledge the Deed
The grantor signs the deed, and the deed generally must be acknowledged before recording.
Print or type the signer’s name and the notary’s name beneath the signatures. Make sure the notary expiration date is included and legible.
Step 9: Check Formatting and Recording Area
Massachusetts registries may require a recording information area, readable formatting, margins suitable for scanning, and no personal identification numbers on the recorded document.
Do not highlight text on the deed. Highlighting can cause scanning problems.
Step 10: Record the Deed
Submit the signed and acknowledged deed, recording fee, deed excise payment if due, and any required cover sheet or supporting information to the correct Registry of Deeds.
Massachusetts Deed Excise Tax
Massachusetts deed excise tax is one of the most important cost issues to understand before recording.
The standard Massachusetts rate is generally $2.28 for each $500 of taxable consideration or fractional part of $500. Barnstable County generally uses a higher rate.
The deed excise is usually paid when the deed is recorded and shown by excise stamps.
Massachusetts Signing and Recording Notes
- Massachusetts deeds are recorded with the Registry of Deeds.
- The deed should be recorded in the correct county or registry district.
- The deed generally must be acknowledged before recording.
- The signer’s name should be printed or typed beneath the signature.
- The notary’s name should be printed or typed beneath the notary signature.
- The notary expiration date should be shown and legible.
- A return name and address should appear on the first page.
- A document cover sheet may be needed if the deed does not have the required recording information area.
- Deed excise may be due unless no tax or an exemption applies.
Official Massachusetts Sources
The following official sources are useful for Massachusetts deed recording and excise tax review:
Common Massachusetts Quitclaim Deed Mistakes
- Recording in the wrong county or registry district
- Using only the street address instead of the legal description
- Forgetting the notary acknowledgment
- Forgetting printed names beneath signatures
- Leaving out the notary expiration date
- Leaving out the return mailing address
- Forgetting a required recording information area or cover sheet
- Assuming a quitclaim deed automatically avoids deed excise tax
- Using the standard excise rate when the property is in Barnstable County
- Failing to document why no excise or exemption treatment applies
How This Fits Into the Massachusetts Quitclaim Deed Process
When preparing a Massachusetts quitclaim deed, think beyond the deed form itself.
The Registry of Deeds may review the acknowledgment, printed names, document quality, recording area, return address, deed excise tax, exemption treatment, and recording fee.
Completing those items before submitting the deed can help avoid rejection or recording delays.
Massachusetts Quitclaim Deed FAQ
Where do I record a Massachusetts quitclaim deed?
Record the deed with the Registry of Deeds for the county or registry district where the property is located.
Does a Massachusetts quitclaim deed need to be notarized?
Yes. Massachusetts deeds generally need a proper acknowledgment before recording.
Does Massachusetts charge deed excise tax?
Massachusetts generally charges deed excise tax when the consideration exceeds $100. The standard rate is $2.28 for each $500 or fractional part of $500 of consideration, with a higher Barnstable County rate.
Does a quitclaim deed avoid Massachusetts deed excise tax?
No. A quitclaim deed is not automatically exempt. The excise depends on the consideration, transaction type, county, and whether no tax or an exemption applies.
Is this legal advice?
No. This page provides general educational information and is not legal advice.