Utah Quitclaim Deed

Introduction

Key Things to Know

1. 1

   Utah levies no transfer tax on a deed. There is no real estate transfer, documentary, or deed excise tax in the Utah Code, so the only charge to record a quitclaim deed is the county recorder's flat statutory fee of $40 per instrument (Utah Code Section 17-21-18.5). There is no transfer-tax declaration to complete on the transfer.

2. 2

   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 quit claim deed) is used mainly between people who trust each other.

3. 3

   Utah publishes a statutory quitclaim form. Utah Code Section 57-1-13 gives a short quitclaim deed form (effective May 7, 2025), and a deed may be substantially in that form. It conveys all of the grantor's right, title, interest, and estate as of the date of the deed, with no covenants or warranty of title, unlike the warranty deed at Section 57-1-12.

4. 4

   Record it with the county recorder, and record promptly. Under Utah Code Section 57-3-101 an acknowledged deed is recorded in the office of the recorder of the county where the real property is located. Utah is a race-notice state (Utah Code Section 57-3-103): an unrecorded deed is void against a later purchaser who buys in good faith, for value, and records first, so the first party to record wins.

5. 5

   Every Utah county accepts electronic recording. Utah adopted the Uniform Real Property Electronic Recording Act, and every county has been required to accept and provide for the electronic recording of instruments since January 1, 2022 (Utah Code Section 17-21-18.5). You can still record a paper deed with the county recorder if you prefer.

6. 6

   Sign and acknowledge before a notary, with no witnesses. Utah Code Section 57-3-101 makes the notarial acknowledgment the step that entitles a deed to be recorded, so the county recorder will not record an unnotarized deed; Utah's statutory form has only the grantor's signature line and requires no subscribing witnesses. To be recordable the deed must also contain a legal description of the property and name the grantee with a mailing address for assessment and taxation (Utah Code Section 57-3-105).

7. 7

   No spousal joinder is required to convey a homestead, and common uses are family transfers. Utah is not a community-property state, and the current homestead statute (Utah Code Section 78B-5-503) contains no requirement that both spouses sign. People most often use a quitclaim deed for divorce transfers, adding or removing a spouse, or moving a home into a living trust.

Utah Requirements for Quitclaim Deed

• Sign and Acknowledge Before a Notary

  To record a Utah quitclaim deed you must sign it and have it acknowledged before a notary. Utah Code Section 57-3-101 makes the notarial acknowledgment the step that entitles a deed to be recorded, so the county recorder will not record a quitclaim deed unless it is notarized.

• No Witnesses Are Required

  Utah does not require witnesses to sign a deed. The statutory quitclaim form at Utah Code Section 57-1-13 has only the grantor's signature line, and recordability turns on the notary acknowledgment under Utah Code Section 57-3-101, not on subscribing witnesses.

• Record With the County Recorder

  Record the signed, notarized deed with the recorder of the county where the property is located (Utah Code Section 57-3-101). Recording protects the grantee against a later good-faith buyer under Utah's race-notice priority rule (Utah Code Section 57-3-103).

• Utah Charges No Transfer Tax

  Utah imposes no real estate transfer tax, documentary tax, or deed excise tax. Unlike many states, there is no transfer-tax declaration to file with the deed; the Utah Code contains no transfer-tax statute on deed conveyances.

• Pay the Flat County Recording Fee

  The only charge to record a deed is the county recorder's flat statutory fee of $40 per instrument (Utah Code Section 17-21-18.5). Every Utah county has also been required to accept electronic recording of instruments since January 1, 2022.

• Use the Statutory Quitclaim Form

  Utah publishes a statutory short-form quitclaim deed at Utah Code Section 57-1-13 (effective May 7, 2025), and a deed may be substantially in that form. It conveys all of the grantor's right, title, interest, and estate as of the date of the conveyance, with no covenants or warranty of title, unlike the warranty deed at Section 57-1-12.

• Include the Legal Description and Grantee Mailing Address

  A Utah deed is recordable only if it contains a legal description of the property and names the grantee with a mailing address to be used for assessment and taxation (Utah Code Section 57-3-105). Do not rely on the street address alone; attach the full legal description.

• No Spousal Joinder Is Required for a Homestead

  Utah is not a community-property state, and its current homestead statute (Utah Code Section 78B-5-503) contains no requirement that both spouses join in a conveyance. If the property is a marital home, confirm through attorney review that no separate spousal-consent requirement applies before you sign.