Updated October 11, 2026. Quick answer: No Massachusetts deed may be recorded unless a certificate of its acknowledgment or proof of execution is endorsed upon or annexed to it, and an in-state acknowledgment is taken before a justice of the peace or notary public. The Middlesex South Registry of Deeds charges $155 to record a deed, including applicable surcharges (county example; other registries were not read).
Massachusetts quitclaim deed at a glance
| Item | What the documents say |
|---|---|
| Signing | A Massachusetts deed executed and delivered by the person having authority is sufficient to convey land without any other act or ceremony, subject to the limits of section four. |
| Witnesses | Not found in the documents read |
| Notary or acknowledgment | No Massachusetts deed may be recorded unless a certificate of its acknowledgment or proof of execution is endorsed upon or annexed to it, and an in-state acknowledgment is taken before a justice of the peace or notary public. |
| Statutory quitclaim form | G.L. c. 183, s. 8 says the Statutory Forms in the chapter appendix may be used and are sufficient for their purposes; the quitclaim form itself was not read. |
| Where to record, and the fee | Registry of deeds (register of deeds) for the district where the land lies. The Middlesex South Registry of Deeds charges $155 to record a deed, including applicable surcharges (county example; other registries were not read). |
| State transfer tax | Massachusetts levies a deed excise tax of $2.00 for each $500 or fractional part of the consideration (G.L. c. 64D, s. 1; $1.50 in Barnstable County), paid by the person who makes or signs the deed or for whose benefit it is made or signed. The Middlesex South registry states an effective rate of $4.56 per $1000 or fraction thereof, with none due where the stated consideration is under $100. The statute and the registry print different rates, and this page does not reconcile them. |
| Gift from a parent to a child | Not found in the documents read |
| Spouse or homestead | Not found in the documents read |
| Source | Massachusetts Legislature; Middlesex South Registry of Deeds |
Signing, witnesses and the notary in Massachusetts
A Massachusetts deed executed and delivered by the person having authority is sufficient to convey land without any other act or ceremony, subject to the limits of section four.
No Massachusetts deed may be recorded unless a certificate of its acknowledgment or proof of execution is endorsed upon or annexed to it, and an in-state acknowledgment is taken before a justice of the peace or notary public.
Statutory form: G.L. c. 183, s. 8 says the Statutory Forms in the chapter appendix may be used and are sufficient for their purposes; the quitclaim form itself was not read.
The text itself:
- G.L. c. 183, s. 1 Acts or ceremonies necessary for conveyance by deed: “A deed executed and delivered by the person, or by the attorney”
- G.L. c. 183, s. 8 Statutory forms: “The forms set forth in the appendix to this chapter”
- G.L. c. 183, s. 29 Necessity of acknowledgment of deed: “No deed shall be recorded unless a certificate of its acknowledgment”
- G.L. c. 183, s. 30 Method of making acknowledgment: “before a justice of the peace or notary public”
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: Registry of deeds (register of deeds) for the district where the land lies. The Middlesex South Registry of Deeds charges $155 to record a deed, including applicable surcharges (county example; other registries were not read).
The text itself:
- Recording Fees: Middlesex South Registry of Deeds: “Trust $255 Deed $155 Mortgage $205”
Transfer tax and a gift to a family member
Massachusetts levies a deed excise tax of $2.00 for each $500 or fractional part of the consideration (G.L. c. 64D, s. 1; $1.50 in Barnstable County), paid by the person who makes or signs the deed or for whose benefit it is made or signed. The Middlesex South registry states an effective rate of $4.56 per $1000 or fraction thereof, with none due where the stated consideration is under $100. The statute and the registry print different rates, and this page does not reconcile them.
Between family members: Not found in the documents read.
The text itself:
- G.L. c. 64D, s. 2 Person subject to tax: “paid by the person who makes or signs the deed”
- Recording Fees: Middlesex South Registry of Deeds: “The effective tax rate is $4.56 per $1000 or fraction thereof”
- Recording Fees: Middlesex South Registry of Deeds: “no excise tax due where the consideration stated is less than $100.00”
Other filings the documents mention
Every deed presented for record must state the grantee’s full name, residence and post office address and recite the consideration in dollars or its nature.
The text itself:
- G.L. c. 183, s. 6 Name and address of grantee; recital of consideration: “a recital of the amount of the full consideration thereof in dollars”
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 Massachusetts 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 Massachusetts requires witnesses on a deed: not found in the documents read, and that is not a statement that none are needed.
- The recording fee shown is one county’s published figure; other Massachusetts 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 excise tax statute and the registry page print different rates, and the page uses the registry’s figure without reconciling them.
- County or city transfer taxes and local recording surcharges were not read unless named above.
Common mistakes
- Treating the one-county recording fee above as the fee in every Massachusetts 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, and Massachusetts probate cost.
Sources
- G.L. c. 183, s. 1 Acts or ceremonies necessary for conveyance by deed: https://malegislature.gov/Laws/GeneralLaws/PartII/TitleI/Chapter183/Section1
- G.L. c. 183, s. 8 Statutory forms: https://malegislature.gov/Laws/GeneralLaws/PartII/TitleI/Chapter183/Section8
- G.L. c. 183, s. 6 Name and address of grantee; recital of consideration: https://malegislature.gov/Laws/GeneralLaws/PartII/TitleI/Chapter183/Section6
- G.L. c. 183, s. 29 Necessity of acknowledgment of deed: https://malegislature.gov/Laws/GeneralLaws/PartII/TitleI/Chapter183/Section29
- G.L. c. 183, s. 30 Method of making acknowledgment: https://malegislature.gov/Laws/GeneralLaws/PartII/TitleI/Chapter183/Section30
- G.L. c. 64D, s. 2 Person subject to tax: https://malegislature.gov/Laws/GeneralLaws/PartI/TitleIX/Chapter64D/Section2
- Recording Fees: Middlesex South Registry of Deeds: https://massrods.com/middlesexsouth/recording-fees/
- 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.