Idaho Quitclaim Deed
Idaho charges no real estate transfer tax on a quitclaim deed. Notarize the deed, record it with the county recorder, and pay only a flat recording fee.
Introduction
Idaho belongs to a small group of states that impose no tax at all on transferring real estate: Idaho Code Section 63-307A expressly bars the state and every county from charging a real estate transfer tax or excise tax on a deed, so there is no tax stamp, transfer declaration, or value statement to file with a quitclaim deed. A quitclaim deed is a document that transfers whatever ownership interest you have in a piece of real estate to someone else, with no promise that your title is good or even that you own anything at all. That is the key difference from a warranty deed, which does promise clear title and lets the grantee sue if the title turns out to be flawed. Because a quitclaim simply passes along whatever interest you hold, people use it for lower-risk transfers between parties who already trust each other: adding or removing a spouse after a marriage or divorce, moving a home into a living trust, or clearing up a possible claim on a title. In Idaho the person giving up the interest is the grantor and the person receiving it is the grantee. Idaho has no dedicated statutory quitclaim form; instead, Idaho Code Section 55-601 sets the general rule that the deed be in writing, be signed (subscribed) by the grantor, and state the grantee's name and complete mailing address. To record it you must sign before a notary, because Idaho Code Section 55-805 requires the deed to be acknowledged first. You then record it with the county recorder in the county where the land lies. Attorney review is available as an option before you sign.
Key Things to Know
- 1
Idaho charges no real estate transfer tax. Idaho Code Section 63-307A states the legislature's intent not to impose any real estate transfer tax or excise tax, and it bars any county or political subdivision from imposing one. The only charge to record is the county recorder's flat per-instrument fee under Idaho Code Section 31-3205, which is based on pages, not on the property's value, so there is no transfer-tax declaration or value statement to file.
- 2
Idaho has no fill-in quitclaim form. Idaho Code Chapter 6 of Title 55 sets the content and execution rules for a conveyance (Idaho Code Section 55-601) but prescribes no statutory quitclaim form. Idaho Code Section 55-611, which is sometimes assumed to be one, is actually the statute on land bounded by a highway, not a deed form. Idaho Code Section 55-612 makes the statutory covenants of title arise only from the word grant, so a quitclaim, which uses release language, carries none of them.
- 3
A quitclaim deed transfers only the interest you actually have. It passes whatever ownership you hold in the property to the grantee and makes no promise that the title is clear, or even that you own anything. A warranty deed, by contrast, guarantees the title, which is why a quitclaim (often typed as a quit claim deed) is used mainly between people who trust each other.
- 4
Record it with the county recorder. Under Idaho Code Section 55-811 a conveyance recorded with the county recorder of the county where the land lies gives constructive notice to later buyers. Idaho follows a race-notice priority rule under Idaho Code Section 55-812, which favors a good-faith purchaser for value whose deed is recorded first, so recording promptly protects the grantee.
- 5
You must notarize the deed to record it, but no witnesses are required. Idaho Code Section 55-805 requires the deed to be acknowledged (notarized), or its execution proved, before the county recorder will record it. Idaho does not require subscribing witnesses; Idaho Code Section 55-601 asks only that the grantor sign the instrument. The acknowledgment is a prerequisite to recording, not to the deed's validity between the grantor and grantee.
- 6
You may be able to record electronically. Idaho has adopted the Uniform Real Property Electronic Recording Act (Idaho Code Title 31, Chapter 29), so a county recorder that accepts electronic documents may receive, index, and store a quitclaim deed electronically. A recorder that offers e-recording must still accept paper deeds, so whether e-recording is available depends on the county where the land lies.
- 7
Both spouses must join to convey community property. Idaho is a community-property state, and Idaho Code Section 32-912 says neither spouse may sell, convey, or encumber community real estate unless the other spouse joins in executing the deed. This joinder rule does not apply to a grantor's separate property. Common quitclaim uses include divorce transfers and moving a home into a living trust.
Key decisions before you file
Before you file a Quitclaim Deed in Idaho, a few decisions shape the document: which option to choose and what each one means. The Quitclaim Deed guide walks through them.
Open the Quitclaim Deed guideCustomize your Quitclaim Deed Template with DocDraft
Idaho Requirements for Quitclaim Deed
To record an Idaho quitclaim deed you must acknowledge it before a notary public. Idaho Code Section 55-805 requires the deed to be acknowledged, or its execution proved, before the county recorder will record it. The deed can be valid between the parties without this, but it cannot be recorded until it is notarized.
Idaho does not require witnesses to sign a deed. Idaho Code Section 55-601 requires only that the grantor sign (subscribe) the instrument, and Idaho Code Section 55-805 requires notarial acknowledgment to record. Notarization, not witnesses, is the operative formality for a recordable deed.
Idaho Code Section 55-601 requires that the deed be in writing, be signed by the grantor, and state the grantee's name and complete mailing address. A quitclaim deed that omits the grantee's complete mailing address does not meet the statutory content rule for a conveyance.
Record the signed, notarized deed with the county recorder of the county where the land lies. Under Idaho Code Section 55-811 recording gives constructive notice to later purchasers, and Idaho Code Section 55-812 gives priority to a good-faith purchaser for value whose deed is recorded first (a race-notice rule).
Idaho imposes no real estate transfer or excise tax. Idaho Code Section 63-307A states the legislature's intent not to impose any real estate transfer tax or excise tax, and it bars any political subdivision from imposing one. There is no transfer-tax declaration or value statement to file with an Idaho quitclaim deed.
The only charge to record an Idaho quitclaim deed is the county recorder's fee under Idaho Code Section 31-3205, which is charged per instrument and page rather than based on the property's value. Confirm the current per-page and any non-standard-format fee with the county recorder before recording.
Idaho prescribes no fill-in quitclaim-deed form. Idaho Code Section 55-601 sets the general content and execution rules for a conveyance, and Idaho Code Section 55-612 makes the statutory covenants arise only from the word grant. A quitclaim uses remise-and-release language instead of grant, so it carries no implied covenants of title.
Idaho is a community-property state. Idaho Code Section 32-912 says neither spouse may sell, convey, or encumber community real estate unless the other spouse joins in executing the deed. This joinder rule does not apply to a grantor's separate property, but a quitclaim of community real estate signed by one spouse alone may not be effective.
Frequently Asked Questions
A quitclaim deed is a deed that transfers whatever interest you have in Idaho real estate to someone else, without any warranty that the title is good. It is often typed as a quit claim deed. Unlike a warranty deed, it makes no promise that you own the property or that the title is free of other claims. It simply passes along the interest you hold, if any.
The difference is the promise about title. An Idaho warranty deed guarantees that the grantor owns the property and that the title is clear, and the grantee can sue if that turns out to be false. A quitclaim deed makes no such promise. Under Idaho Code Section 55-612 the covenants that protect a buyer arise only from using the word grant, and a quitclaim uses release language instead, so none of those covenants attach.
To record it, yes. Idaho Code Section 55-805 requires a deed to be acknowledged before a notary (or its execution proved) before the county recorder will record it. The deed can still be valid between the grantor and grantee without notarization, but you cannot record it, and recording is what protects the grantee against later buyers.
You record it with the county recorder in the county where the land lies. Under Idaho Code Section 55-811, recording gives constructive notice to later purchasers, and Idaho Code Section 55-812 gives priority to a good-faith purchaser for value who records first. The deed must show the grantee's name and complete mailing address under Idaho Code Section 55-601.
No. Idaho Code Section 63-307A expressly bars any real estate transfer tax or excise tax in Idaho, and no county may impose one. You pay only the county recorder's flat recording fee under Idaho Code Section 31-3205, which is charged per instrument and page, not based on the property's value. There is no transfer-tax declaration to complete.
Possibly. Idaho has adopted the Uniform Real Property Electronic Recording Act (Idaho Code Title 31, Chapter 29), which lets a county recorder that accepts electronic documents receive, index, and store a quitclaim deed electronically. A recorder that offers e-recording must still accept paper deeds, so availability depends on whether the county where the land lies has set up electronic recording. The deed must still be acknowledged before a notary under Idaho Code Section 55-805.
Yes, and it is common in a divorce for one spouse to quitclaim their interest to the other. Because Idaho is a community-property state, Idaho Code Section 32-912 requires both spouses to join in executing a deed that conveys or encumbers community real estate. A deed of community property signed by only one spouse may not be effective, so confirm both spouses sign when the property is community property.
No. Idaho prescribes no fill-in quitclaim-deed form. Idaho Code Section 55-601 sets the general content and execution rules for any conveyance, and Idaho Code Section 55-611, which some assume is a quitclaim form, is actually the statute on land bounded by a highway. Idaho Code Section 55-612 makes the statutory covenants of title arise only from the word grant, so a quitclaim, which uses remise-and-release language, carries no implied warranty of title.