Quitclaim Deeds vs. Warranty Deeds: Notarization Requirements

​When transferring property ownership, the type of deed you use matters enormously—not just for legal protection, but also for how the document must be notarized and recorded. If you've heard terms like "quitclaim deed" and "warranty deed" tossed around but aren't sure what they mean or how they differ, you're not alone. Many people don't understand these distinctions until they're sitting at a closing table or trying to transfer property to a family member.
Both quitclaim deeds and warranty deeds transfer property ownership, and both require notarization to be valid and recordable. However, they offer vastly different levels of protection to the person receiving the property, and understanding these differences helps you choose the right deed for your situation and ensures it's properly notarized.
Understanding Quitclaim Deeds and Warranty Deeds

1. What a Quitclaim Deed Actually Does
A quitclaim deed transfers whatever interest the grantor (person giving the property) has in the property, if any, with absolutely no guarantees. The grantor makes no promises about actually owning the property, having clear title, or the property being free of liens. It's essentially saying "I'm giving you whatever rights I might have, but I'm not promising anything." Quitclaim deeds are commonly used between family members, in divorce settlements, or to clear up title issues. Despite offering minimal protection, quitclaim deeds still require notarization and must be recorded with the county to be effective.
2. What a Warranty Deed Guarantees
A warranty deed (also called a general warranty deed) provides maximum protection to the buyer. The grantor guarantees they own the property, have the right to sell it, and that the title is clear of liens or encumbrances except those specifically disclosed. The grantor also promises to defend the title against any future claims. This is the type of deed used in most traditional real estate sales. Like quitclaim deeds, warranty deeds must be notarized, but they involve more detailed legal language and stronger commitments from the seller.
3. Notarization Requirements Are the Same
Here's something important: both quitclaim deeds and warranty deeds have identical notarization requirements. Both must be signed by the grantor in front of a notary public who verifies the signer's identity and witnesses the signature. Both require the notary's seal and signature to be valid. The difference between these deeds isn't in how they're notarized, but in the legal promises being made. Don't assume a quitclaim deed is somehow "easier" to notarize—the process is exactly the same.
4. Both Must Be Recorded to Transfer Ownership
Notarization alone doesn't transfer property ownership—the deed must also be recorded with the county recorder's office where the property is located. Recording puts the public on notice of the ownership change and establishes priority over other claims. Both quitclaim deeds and warranty deeds follow the same recording process, and most counties won't accept either type for recording without proper notarization. Recording fees are typically the same regardless of deed type.
5. Special Warranty Deeds Offer Middle Ground
There's actually a third option called a special warranty deed (or limited warranty deed) that falls between quitclaim and warranty deeds. With a special warranty deed, the grantor guarantees the title was clear during their ownership period but makes no promises about what happened before they owned it. This type is common in foreclosure sales or estate situations. Special warranty deeds also require notarization using the same process as the other deed types.
6. Spousal Signatures and Joint Ownership
If the property is owned by a married couple or has multiple owners, all owners must sign the deed for it to be valid—regardless of whether it's a quitclaim or warranty deed. Each owner must appear before the notary and be properly identified. If one owner cannot appear, they may need to grant power of attorney to someone who can sign on their behalf, which itself requires notarization. Never forge a spouse's signature or try to transfer property without all required signatures.
7. Legal Description Must Be Accurate
Both quitclaim and warranty deeds require an accurate legal description of the property being transferred. This isn't just the street address—it's the official legal description from county records describing boundaries and locations. An incorrect legal description can invalidate the entire deed, even if it's properly notarized. Get the legal description from your title company, attorney, or county records, and verify it's accurate before the notarization appointment.
When to Use Which Deed
Use a quitclaim deed when transferring property between family members, adding or removing a spouse from title, clearing up minor title issues, or when the parties know and trust each other. Use a warranty deed for traditional sales where the buyer needs protection and assurance about the title's validity. Never use a quitclaim deed for a regular property purchase from someone you don't know well—you could end up with no legal recourse if title problems emerge.

Why Professional Notarization Matters
​Deeds are among the most important legal documents you'll ever sign. Improper notarization can make a deed unrecordable, which means it won't effectively transfer ownership. Professional notaries understand deed requirements, verify all necessary signatures are present, and ensure the notarial certificate is completed correctly for your county's recording office.
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Whether you're using a quitclaim deed or warranty deed, proper notarization is essential to making your property transfer legally valid and recordable.
At Notary2Notary, our experienced notaries handle all types of property deeds regularly and understand the requirements for proper execution and recording. We offer convenient mobile services to meet you wherever the signing needs to happen.

Visit www.notary2notary.com to schedule professional deed notarization and ensure your property transfer is completed correctly the first time.