Kentucky Quit Claim Deed Form
A Kentucky Quit Claim Deed, often misspelled “quick claim deed”, is an official form used for granting interest in property from one individual or party (the “Grantor”) to another (the “Grantee(s)”). In comparison to a warranty deed, the quit claim deed offers no protection to the Grantee(s) in that the property doesn’t have liens, errors in the title, or other potential issues.
Because of the liability involved with the form, it is only recommended for use by parties that are well acquainted with each other, such as family and friends.
Mandatory Information (KRS 382.135): The deed must include the following information:
- The Grantor and Grantee’s respective mailing addresses,
- A statement of the full consideration (payment),
- A statement that specifies the address that property tax bills can be sent to,
- For transfers by gift or with nominal or no consideration: The Grantor* (or their agent) must sign a sworn, notarized certificate regarding the fact that “the transfer is by gift and setting forth the estimated fair cash value of the property.”
- For transfers not by gift or with nominal or no consideration: The Grantor* (or their agent) must sign a sworn, notarized certificate regarding the fact that “the consideration reflected in the deed is the full consideration paid for the property.”
*If the Grantor is under eighteen (18) years old, their parent or guardian may sign on their behalf.
Preparer of the Deed (KRS 382.335): The form needs to contain a printed, typewritten, or stamped statement that shows the name, address, and signature of the party who prepared the deed (commonly the Grantor).
Signing Requirements (KRS 382.130): The individual completing and filing the form must acknowledge the deed in one of the following ways:
- Before a Notary Public, OR
- Before two (2) subscribing witnesses.
How to File
State law (KRS 382.110) outlines that any deed executed in Kentucky must be recorded in the County Clerk’s Office of the same county the property conveyed or located. The amount the County Clerk’s Office will charge to file the form may vary, so the party filing the form should come prepared to make a payment.
Deed Tax (KRS 142.050): A tax may be imposed on the Grantor at a rate of fifty cents ($0.50) for every five hundred dollars ($500) of value or fraction thereof of the value stated in the deed.