Updated October 11, 2026. Quick answer: The circuit court clerk records a writing once the signer has acknowledged it or it has been proved by two witnesses, so a deed is normally acknowledged before recording. The statewide statutory fee for recording and indexing a document is $18 for 10 or fewer pages, $32 for 11 to 30 pages and $52 for 31 or more pages.
Virginia quitclaim deed at a glance
| Item | What the documents say |
|---|---|
| Signing | Virginia’s statute sets out a deed form that identifies the parties and the consideration, conveys the property, and ends with the grantor’s signature line. The form read does not mention a seal. |
| Witnesses | The documents read do not require witnesses to a deed. They do allow the clerk to record a writing on proof by two witnesses in place of the signer’s acknowledgment (Va. Code 55.1-600). |
| Notary or acknowledgment | The circuit court clerk records a writing once the signer has acknowledged it or it has been proved by two witnesses, so a deed is normally acknowledged before recording. |
| Statutory quitclaim form | Virginia Code 55.1-300 says a deed may be made in the statutory form, or to the same effect, with the consideration stated as nominal or actual. |
| Where to record, and the fee | Clerk of the circuit court of the county or city. The statewide statutory fee for recording and indexing a document is $18 for 10 or fewer pages, $32 for 11 to 30 pages and $52 for 31 or more pages. |
| State transfer tax | The state recordation tax on a deed is 25 cents on every $100 or fraction thereof of the greater of the consideration or the actual value (the most recent property tax assessment). A separate additional tax of 50 cents for each $500 or fraction thereof applies when the consideration or value exceeds $100, not counting any lien or encumbrance remaining on the property; the grantor pays it unless the parties arrange for the grantee to pay, and one-half of it goes to the locality. No recordation tax is required on a deed of gift or quitclaim deed between parties when no consideration has passed. |
| Gift from a parent to a child | Va. Code 58.1-811(D) exempts a deed of gift or quitclaim deed from recordation tax when no consideration has passed, and the deed must state that it is such a deed. |
| Spouse or homestead | Not found in the documents read |
| Source | Virginia General Assembly (Legislative Information System) |
Signing, witnesses and the notary in Virginia
Virginia’s statute sets out a deed form that identifies the parties and the consideration, conveys the property, and ends with the grantor’s signature line. The form read does not mention a seal.
The circuit court clerk records a writing once the signer has acknowledged it or it has been proved by two witnesses, so a deed is normally acknowledged before recording.
Statutory form: Virginia Code 55.1-300 says a deed may be made in the statutory form, or to the same effect, with the consideration stated as nominal or actual.
The text itself:
- Va. Code 55.1-300 Form of a deed: “Witness the following signature (or signatures).”
- Va. Code 55.1-300 Form of a deed: “may be made in the following form, or to the same effect”
- Va. Code 55.1-600 When and where writings recorded: “acknowledged by him, or proved by two witnesses”
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.
The link goes to LawDepot, a paid legal-document service, not Clear Money Guide and not a law firm. LawDepot pays Clear Money Guide a commission if you buy a document there, at no extra cost to you. You are under no obligation to buy anything. We are not a law firm and this is not legal advice.
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 the circuit court of the county or city. The statewide statutory fee for recording and indexing a document is $18 for 10 or fewer pages, $32 for 11 to 30 pages and $52 for 31 or more pages.
The text itself:
- Va. Code 17.1-275 Fees collected by clerks of circuit courts: “$18 for an instrument or document consisting of 10 or fewer pages”
Transfer tax and a gift to a family member
The state recordation tax on a deed is 25 cents on every $100 or fraction thereof of the greater of the consideration or the actual value (the most recent property tax assessment). A separate additional tax of 50 cents for each $500 or fraction thereof applies when the consideration or value exceeds $100, not counting any lien or encumbrance remaining on the property; the grantor pays it unless the parties arrange for the grantee to pay, and one-half of it goes to the locality. No recordation tax is required on a deed of gift or quitclaim deed between parties when no consideration has passed.
Between family members: Va. Code 58.1-811(D) exempts a deed of gift or quitclaim deed from recordation tax when no consideration has passed, and the deed must state that it is such a deed.
The text itself:
- Va. Code 58.1-801 Deeds generally: “The rate of the tax shall be 25 cents on every $100”
- Va. Code 58.1-802 Additional tax paid by grantor: “shall be 50 cents for each $500 or fraction thereof”
- Va. Code 58.1-811 Exemptions: “No recordation tax shall be required for the recordation of any deed”
Other filings the documents mention
A deed claiming a recordation tax exemption must state that it is a deed of gift, quitclaim deed without consideration, or similar.
The clerk may reject a writing unless the consideration and actual value of the property are stated on the first page and any claimed tax exemption is stated on its face.
The text itself:
- Va. Code 58.1-811 Exemptions: “Such deed shall state therein that it is a deed of gift”
- Va. Code 17.1-223 Duty of clerk to record writings: “the amount of the consideration and the actual value”
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 Virginia 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 Virginia requires witnesses on a deed: the documents read do not require them for a signature, but Va. Code 55.1-600 lets the clerk record a writing proved by two witnesses in place of an acknowledgment.
- Whether a spouse must join in the deed: not found in the documents read.
- County or city transfer taxes and local recording surcharges were not read unless named above.
Common mistakes
- Assuming the Virginia transfer-tax exemption for family gifts also removes the federal basis consequence shown in the example.
- 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, Virginia transfer on death deed, Virginia probate cost, and whether Virginia has an estate tax.
Sources
- Va. Code 55.1-300 Form of a deed: https://law.lis.virginia.gov/vacode/title55.1/chapter3/section55.1-300/
- Va. Code 55.1-600 When and where writings recorded: https://law.lis.virginia.gov/vacode/title55.1/chapter6/section55.1-600/
- Va. Code 17.1-223 Duty of clerk to record writings: https://law.lis.virginia.gov/vacode/title17.1/chapter2/section17.1-223/
- Va. Code 17.1-275 Fees collected by clerks of circuit courts: https://law.lis.virginia.gov/vacode/title17.1/chapter2/section17.1-275/
- Va. Code 58.1-801 Deeds generally: https://law.lis.virginia.gov/vacode/title58.1/chapter8/section58.1-801/
- Va. Code 58.1-802 Additional tax paid by grantor: https://law.lis.virginia.gov/vacode/title58.1/chapter8/section58.1-802/
- Va. Code 58.1-811 Exemptions: https://law.lis.virginia.gov/vacode/title58.1/chapter8/section58.1-811/
- 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.