Updated October 11, 2026. Quick answer: Georgia requires the deed to be attested by an officer (the county clerk’s office describes this as notarized with a seal) before it can be recorded. Gwinnett County’s Clerk of Superior Court charges $25.00 per deed recorded (county example; the statewide schedule was not read).
Georgia quitclaim deed at a glance
| Item | What the documents say |
|---|---|
| Signing | A Georgia deed to land must be an original written document signed by the maker and attested by an officer and by one other witness. |
| Witnesses | Georgia requires one witness in addition to the attesting officer (a notary public or other officer). |
| Notary or acknowledgment | Georgia requires the deed to be attested by an officer (the county clerk’s office describes this as notarized with a seal) before it can be recorded. |
| Statutory quitclaim form | Not found in the documents read |
| Where to record, and the fee | Clerk of Superior Court of the county where the land lies. Gwinnett County’s Clerk of Superior Court charges $25.00 per deed recorded (county example; the statewide schedule was not read). |
| State transfer tax | Georgia’s state real estate transfer tax is $1 for the first $1,000 or fractional part of $1,000 and 10 cents for each additional $100 or fractional part of $100 of the sale price. It must be paid before the deed can be recorded, by the person who executes the deed or the person for whose use or benefit it is executed. The seller is liable, though sale contracts often shift it to the buyer. Whether a no-sale family gift is taxed was not stated in the sources, and the Department of Revenue says to ask the county Clerk of Superior Court about taxability and exemptions. |
| Gift from a parent to a child | Not found in the documents read |
| Spouse or homestead | Not found in the documents read |
| Source | Georgia General Assembly; Georgia Department of Revenue; Gwinnett County Clerk of Superior Court |
Signing, witnesses and the notary in Georgia
A Georgia deed to land must be an original written document signed by the maker and attested by an officer and by one other witness.
Georgia requires the deed to be attested by an officer (the county clerk’s office describes this as notarized with a seal) before it can be recorded.
Witnesses: Georgia requires one witness in addition to the attesting officer (a notary public or other officer).
The text itself:
- House Bill 322, Senate Substitute (as passed Senate), revising Code Section 44-5-30: “writing, signed by the maker, and attested by”
- House Bill 322, Senate Substitute (as passed Senate), revising Code Section 44-5-30: “and attested by one other witness”
- Gwinnett County Courts: Deeds & Land Records: Frequently Asked Questions: “signed, witnessed and notarized with a seal”
If you want a ready-made form
Review LawDepot’s quitclaim deed form
LawDepot builds a quit claim deed from guided questions for your state. Compare the form with the signing, notary and recording rules on this page before you sign anything.
A deed moves title and can change a family’s tax and benefit position. If you need advice about your situation, ask a real estate attorney before choosing a document service.
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Review LawDepot’s quitclaim deedOpens on LawDepot. Follow the signing, notary and recording rules for your state.
How our partner relationships workRecording: where to file and what it costs
Recording office: Clerk of Superior Court of the county where the land lies. Gwinnett County’s Clerk of Superior Court charges $25.00 per deed recorded (county example; the statewide schedule was not read).
The text itself:
- Gwinnett County Courts: Deeds & Land Records: Recording Fees: “will incur a $25.00 filing fee per document”
Transfer tax and a gift to a family member
Georgia’s state real estate transfer tax is $1 for the first $1,000 or fractional part of $1,000 and 10 cents for each additional $100 or fractional part of $100 of the sale price. It must be paid before the deed can be recorded, by the person who executes the deed or the person for whose use or benefit it is executed. The seller is liable, though sale contracts often shift it to the buyer. Whether a no-sale family gift is taxed was not stated in the sources, and the Department of Revenue says to ask the county Clerk of Superior Court about taxability and exemptions.
Between family members: Not found in the documents read.
The text itself:
- Real Estate Transfer Tax: “at the rate of $1 for the first $1,000”
- Real Estate Transfer Tax: “10 cents for each additional $100”
Other filings the documents mention
The Real Estate Transfer Tax Declaration (Form PT-61) is filed electronically through the GSCCCA procedure. The Gwinnett clerk says the PT-61 is required to accompany the filing of a quitclaim deed, and that since January 1, 2025 all real estate documents must be filed electronically.
The text itself:
- Real Estate Transfer Tax: “Electronic Filing of Form PT-61 Real Estate Transfer Tax Declaration”
A worked example: a parent deeds the home to an adult child
An illustration, not a return: a parent bought a home for $100,000, and it is worth $300,000 when the parent deeds it to an adult child by quitclaim deed, with no payment. The child later sells it for $350,000. For a gift, federal law says the child’s basis is “the same as it would be in the hands of the donor”, so the basis stays $100,000 and the gain is $250,000 ($350,000 minus $100,000). Had the child received the same home at the parent’s death, when it was worth $300,000, the statute sets the basis at “fair market value of the property at the date of the decedent’s”, so the gain would be $50,000 ($350,000 minus $300,000). Federal gift tax filing rules are outside this page and outside the documents read.
Read the Georgia transfer-tax rule above for the state side of the same transfer. See CMG’s quitclaim vs warranty deed for a family transfer page for the choice of deed.
What the documents do not say
- Whether Georgia has a statutory quitclaim form: not found in the documents read.
- The recording fee shown is one county’s published figure; other Georgia counties publish their own.
- Whether a gift from a parent to a child is exempt from the transfer tax: not found in the documents read.
- Whether a spouse must join in the deed: not found in the documents read.
- The deed-attestation rule is read from the 2015 act’s text, which carries strikethrough markup, and from a county clerk’s FAQ; the Code section on the attesting officer (44-2-15) was not read in full.
- County or city transfer taxes and local recording surcharges were not read unless named above.
Common mistakes
- Skipping the second witness; the revised statute read calls for an attesting officer and one other witness.
- Treating the one-county recording fee above as the fee in every Georgia county.
- Assuming the answer for one state applies to another, or that signing a deed ends the paperwork before recording.
Related: quitclaim deeds by state, quitclaim vs warranty deed for a family transfer, Georgia transfer on death deed, Georgia probate cost, and whether Georgia has an estate tax.
Sources
- House Bill 322, Senate Substitute (as passed Senate), revising Code Section 44-5-30: https://www.legis.ga.gov/api/legislation/document/20152016/153026
- Real Estate Transfer Tax: https://dor.georgia.gov/real-estate-transfer-tax
- Gwinnett County Courts: Deeds & Land Records: Recording Fees: https://www.gwinnettcourts.com/deeds-and-land-records/fees
- Gwinnett County Courts: Deeds & Land Records: Frequently Asked Questions: https://www.gwinnettcourts.com/deeds-and-land-records/faqs
- 26 U.S.C. 1015, Basis of property acquired by gifts and transfers in trust (U.S. Code, GovInfo): https://www.govinfo.gov/content/pkg/USCODE-2023-title26/html/USCODE-2023-title26-subtitleA-chap1-subchapO-partII-sec1015.htm
- 26 U.S.C. 1014, Basis of property acquired from a decedent (U.S. Code, GovInfo): https://www.govinfo.gov/content/pkg/USCODE-2023-title26/html/USCODE-2023-title26-subtitleA-chap1-subchapO-partII-sec1014.htm
Sources: the primary documents linked above, read on October 11, 2026. General information, not tax advice. Your own facts decide the outcome, and a tax professional or the state agency itself is the right place to confirm anything consequential.