What transferring a deed means and why you need to do it
Transferring a house deed means changing the name on the legal document that proves who owns the property. The deed is filed at your county recorder's office (sometimes called the register of deeds or land records office). When you sell a house, inherit one, add a spouse's name, or move property into a trust, the deed has to change to reflect the new owner or owners.
You cannot simply tell someone the house is theirs. The deed is the proof of ownership. Without a recorded deed in the new owner's name, the property still legally belongs to whoever is on the old deed — even if you have a handshake agreement or a contract. Banks will not lend on a property without a clear deed. A title company will not insure it. If you die, the property may go through probate or be treated as part of your estate instead of passing to whoever you intended.
The process itself is straightforward: you prepare a new deed document, sign it in front of a notary public, and file it at the county recorder's office. The cost is usually between $50 and $300 in filing fees, depending on your county and the type of deed. A real estate attorney or title company can handle the paperwork for you, which typically costs $300 to $1,000.
Key Takeaways
- A deed must be notarized and filed at your county recorder's office to be legal; a handwritten agreement or bill of sale is not enough.
- The type of deed you use depends on your situation: a warranty deed for a sale, a quitclaim deed for a gift or transfer between family members, or a deed in trust for moving property into a trust.
- You will need the current deed, a legal description of the property (found on the current deed or a recent property tax bill), and the new owner's full legal name and address.
- Filing takes one to four weeks depending on your county's backlog; the deed is not official until it is recorded and you receive a stamped copy back.
- If you are selling, your real estate agent or title company usually handles the deed transfer as part of closing; if you are gifting or transferring to yourself, you can file it yourself or hire an attorney.
The three main types of deeds and when to use each one
A warranty deed is used in a sale. It promises the buyer that you own the property free and clear, that no one else has a claim to it, and that you will defend the buyer's ownership if someone later challenges it. This is the standard deed in a real estate transaction. If you are selling through a real estate agent, the title company will prepare this deed and handle the filing.
A quitclaim deed transfers whatever interest you have in the property without making any promises about ownership. It says "I give up my claim to this property" but does not promise you actually own it or that it is free of liens. Quitclaim deeds are used for gifts between family members, transfers between spouses during a divorce, or adding a spouse's name to an existing deed. They are simpler and cheaper to prepare than warranty deeds, but they offer no protection to the person receiving the property. A bank will not lend on a property transferred by quitclaim deed alone.
A deed in trust (or trust deed) transfers the property into a living trust. You name the trust as the owner, and you (or a trustee you choose) manages it. This is used to avoid probate, keep property private, or manage it if you become unable to. The deed names the trust, not a person. You remain in control during your lifetime, and the property passes to whoever you named in the trust document when you die — without going through probate court.
Documents you need before you start
Start by gathering the current deed. You can find it in your closing papers if you bought the house, or you can request a copy from the county recorder's office for a small fee (usually $5 to $25). The current deed contains the legal description of the property — the exact wording the county uses to identify it. You must copy this description word-for-word onto the new deed. Do not try to describe the property in your own words; the legal description is what makes the deed official.
You will also need the new owner's full legal name exactly as it appears on their driver's license or passport, and their mailing address. If there are multiple new owners, you need all their names and how they will hold title together (as joint tenants, tenants in common, or tenants by the entirety — your attorney or title company can advise which is right for your situation).
If the property has a mortgage or lien on it, you need to know the lender's name and loan number. A quitclaim deed can transfer property with a lien, but the lien stays with the property — the new owner will inherit the debt. A warranty deed in a sale typically requires the lender to approve the transfer and be paid off at closing. If you are transferring to yourself (for example, moving it into a trust), the lender may require written notice but usually does not object.
Finally, you need a notary public. This is someone licensed by your state to witness your signature and confirm your identity. Notaries are available at banks, UPS stores, law offices, and title companies. The notarization usually costs $5 to $15 per signature.
How to prepare and file the deed yourself
If you are transferring the property to yourself (such as into a trust), gifting it to a family member, or handling a simple transfer, you can prepare the deed yourself. Start by downloading a blank deed form from your county recorder's office website — most counties provide free templates. If your county does not, you can purchase a form from a legal document service like LegalZoom or Nolo for $10 to $30.
Fill in the form with the current owner's name (you), the new owner's name, the legal description copied exactly from the current deed, and the county and state where the property is located. Leave the date blank; you will fill it in when you sign. Do not sign the deed until you are in front of the notary.
Take the unsigned deed and a photo ID to a notary public. Sign the deed in front of the notary, and they will sign and stamp it. The notary will also record the date. This usually takes 10 to 15 minutes and costs $5 to $15.
Take the notarized deed to your county recorder's office in person, by mail, or through their online portal if they have one. Include a check for the filing fee (call ahead or check the website to confirm the exact amount). The recorder will stamp the deed, record it in the county's system, and return a certified copy to you. This process takes one to four weeks depending on the county's backlog. Once you receive the stamped copy, the transfer is official.
When to hire an attorney or title company instead
If you are selling the house, your real estate agent or title company will handle the deed transfer as part of the closing process. You do not need to do anything yourself; the title company prepares the deed, arranges the notarization, and files it. This is included in the closing costs you already agreed to.
If the property has a mortgage, a lien, or unpaid taxes, hire an attorney or title company to make sure the transfer is done correctly and the lender approves it. An attorney can also advise you on the best type of deed for your situation and whether there are tax or legal consequences you should know about. This typically costs $300 to $1,000 but protects you from costly mistakes.
If you are unsure whether the property is clear of liens, or if the current deed is unclear or damaged, a title company can research the property's history and make sure the new deed is recorded correctly. Title insurance (which protects against future claims to the property) is usually purchased during a sale, but you can also buy it separately if you are transferring property to yourself or a family member.
What happens after the deed is filed
Once the county recorder stamps and records your deed, the transfer is complete. You will receive a certified copy in the mail. Keep this in a safe place — you will need it to prove ownership if you ever sell, refinance, or transfer the property again.
The new owner's name will appear in the county's public records within one to four weeks. If the property has a mortgage, the lender's records will update automatically once the county records the deed. If you are transferring to yourself (such as into a trust), your homeowner's insurance and property tax bill do not change — you are still the owner, just with a different legal structure.
If you are gifting the property to someone else, they should notify their homeowner's insurance company and the county assessor's office of the change in ownership. Some counties reassess property value when ownership changes, which can affect property taxes. A quitclaim deed does not trigger a reassessment in most states, but a warranty deed might — check with your county assessor's office.
Frequently Asked Questions
Do I need a lawyer to transfer a deed?
Not always. If you are transferring property to yourself or gifting it to a family member with no mortgage or liens, you can file the deed yourself for the cost of notarization and filing fees. If there is a mortgage, liens, or you are unsure about the process, an attorney or title company can handle it for $300 to $1,000 and protect you from mistakes.
What is the difference between a quitclaim deed and a warranty deed?
A warranty deed promises you own the property free and clear and will defend the buyer's ownership. A quitclaim deed only transfers whatever interest you have without making promises. Quitclaim deeds are used for gifts and transfers between family members; warranty deeds are used in sales. Banks will not lend on property transferred by quitclaim deed.
How long does it take for a deed transfer to be official?
The deed is official once it is recorded at the county recorder's office, which takes one to four weeks depending on the county's backlog. You will receive a stamped certified copy in the mail. Until you have that copy, the transfer is not complete in the county's records.
Can I transfer a house with a mortgage on it?
Yes, but the lender must approve the transfer and be notified. In a sale, the lender is paid off at closing and the new owner takes out their own mortgage. If you are gifting or transferring to yourself, contact the lender first — they may require written notice but usually do not object to transfers that do not change the loan terms.
What if I lose the deed after it is recorded?
You can request a certified copy from the county recorder's office for a small fee ($5 to $25). The original deed is stored in the county's records permanently, so you can always get another copy. Keep your certified copy in a safe place, but losing it does not affect your ownership — the county's records are the official proof.