Updated October 11, 2026. Quick answer: RSA 477:3 requires every deed to be acknowledged by the grantor before a justice, notary public or commissioner, and RSA 477:7 makes a deed ineffective against everyone but the grantor and heirs unless it is both acknowledged and recorded. New Hampshire’s statewide schedule charges $10 for the first recorded page plus $4 for each additional page, and a further $25 charge for recording a deed that is paid by the grantee (it is not charged on documents in which the United States, the state, a state agency, a county, a municipality, a village district or a school district is a party).
New Hampshire quitclaim deed at a glance
| Item | What the documents say |
|---|---|
| Signing | A New Hampshire deed must be signed by the grantor, must show the grantee’s mailing address, and does not need a seal. |
| Witnesses | RSA 477:7 says deeds acknowledged and recorded since 1981 that were not attested to are considered valid, so a witness attestation is not what makes a recorded deed valid. |
| Notary or acknowledgment | RSA 477:3 requires every deed to be acknowledged by the grantor before a justice, notary public or commissioner, and RSA 477:7 makes a deed ineffective against everyone but the grantor and heirs unless it is both acknowledged and recorded. |
| Statutory quitclaim form | RSA 477:28 provides a statutory form of quitclaim deed that uses the words “with quitclaim covenants” and ends with an acknowledgment. |
| Where to record, and the fee | County register of deeds. New Hampshire’s statewide schedule charges $10 for the first recorded page plus $4 for each additional page, and a further $25 charge for recording a deed that is paid by the grantee (it is not charged on documents in which the United States, the state, a state agency, a county, a municipality, a village district or a school district is a party). |
| State transfer tax | New Hampshire imposes a state transfer tax of $.75 per $100, or fractional part, of the price or consideration on each taxable transfer of real estate, with a minimum tax of $20 where the price or consideration is $4,000 or less, and transfers are presumed taxable unless specifically exempt. |
| Gift from a parent to a child | No parent and child rule was found, but RSA 78-B:2 IX exempts noncontractual transfers from the tax |
| Spouse or homestead | The statutory quitclaim form includes a line for the grantor’s wife or husband to release rights of homestead and other interests, but the statutes read here do not say a spouse must sign. |
| Source | New Hampshire General Court |
Signing, witnesses and the notary in New Hampshire
A New Hampshire deed must be signed by the grantor, must show the grantee’s mailing address, and does not need a seal.
RSA 477:3 requires every deed to be acknowledged by the grantor before a justice, notary public or commissioner, and RSA 477:7 makes a deed ineffective against everyone but the grantor and heirs unless it is both acknowledged and recorded.
Witnesses: RSA 477:7 says deeds acknowledged and recorded since 1981 that were not attested to are considered valid, so a witness attestation is not what makes a recorded deed valid.
Statutory form: RSA 477:28 provides a statutory form of quitclaim deed that uses the words “with quitclaim covenants” and ends with an acknowledgment.
The text itself:
- Section 477:3 Execution: “signed by the party granting the same and acknowledged by the grantor”
- Section 477:3 Execution: “acknowledged by the grantor before a justice, notary public or commissioner”
- Section 477:3 Execution: “shall show the mailing address of the grantee”
- Section 477:1 By Deed: “Any conveyance not executed under seal shall be as effectual”
- Section 477:7 Validity: “which were not attested to, shall be considered valid”
- Section 477:28 Statutory Form of Quitclaim Deed: “Statutory Form of Quitclaim Deed”
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: County register of deeds. New Hampshire’s statewide schedule charges $10 for the first recorded page plus $4 for each additional page, and a further $25 charge for recording a deed that is paid by the grantee (it is not charged on documents in which the United States, the state, a state agency, a county, a municipality, a village district or a school district is a party).
The text itself:
- Section 478:17-g Recording Fees and Surcharge: “shall be $10 for the first recorded page plus $4”
- Section 478:17-g Recording Fees and Surcharge: “additional charge of $25 shall also be assessed for recording each deed”
Transfer tax and a gift to a family member
New Hampshire imposes a state transfer tax of $.75 per $100, or fractional part, of the price or consideration on each taxable transfer of real estate, with a minimum tax of $20 where the price or consideration is $4,000 or less, and transfers are presumed taxable unless specifically exempt.
Between family members: No parent and child rule was found, but RSA 78-B:2 IX exempts noncontractual transfers, which on its face reaches a gift deed made with no contract or payment; the deed then states that the transaction is not subject to the tax (RSA 78-B:6).
The text itself:
- Section 78-B:1 Transfer Tax: “rate of the tax is $.75 per $100, or fractional part”
Spouse and homestead
The statutory quitclaim form includes a line for the grantor’s wife or husband to release rights of homestead and other interests, but the statutes read here do not say a spouse must sign.
The text itself:
- Section 477:28 Statutory Form of Quitclaim Deed: “release to said grantee all rights of homestead and other interests”
Other filings the documents mention
Payment of the transfer tax is shown by indicia of tax paid attached to the deed, and the indicia must be attached before recording unless the deed states the transaction is not subject to the tax.
The text itself:
- Section 78-B:6 Recording: “unless the instrument bears a statement that the transaction is not subject”
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).
See CMG’s quitclaim vs warranty deed for a family transfer page for the choice of deed.
What the documents do not say
- Whether the Department of Revenue Administration treats every gift deed as a noncontractual transfer under RSA 78-B:2 IX: not confirmed in the documents read.
- County or city transfer taxes and local recording surcharges in New Hampshire were not read unless named above.
Common mistakes
- Assuming the New Hampshire rules above govern land in another state, or that signing the deed ends the paperwork before it is recorded with the county register.
Related: quitclaim vs warranty deed for a family transfer, New Hampshire transfer on death deed, and New Hampshire probate cost.
Sources
- Section 477:3 Execution: https://www.gencourt.state.nh.us/rsa/html/XLVIII/477/477-3.htm
- Section 477:1 By Deed: https://www.gencourt.state.nh.us/rsa/html/XLVIII/477/477-1.htm
- Section 477:7 Validity: https://www.gencourt.state.nh.us/rsa/html/XLVIII/477/477-7.htm
- Section 477:28 Statutory Form of Quitclaim Deed: https://www.gencourt.state.nh.us/rsa/html/XLVIII/477/477-28.htm
- Section 478:17-g Recording Fees and Surcharge: https://www.gencourt.state.nh.us/rsa/html/XLVIII/478/478-17-g.htm
- Section 78-B:1 Transfer Tax: https://www.gencourt.state.nh.us/rsa/html/V/78-B/78-B-1.htm
- Section 78-B:2 Exceptions: https://www.gencourt.state.nh.us/rsa/html/V/78-B/78-B-2.htm
- Section 78-B:6 Recording: https://www.gencourt.state.nh.us/rsa/html/V/78-B/78-B-6.htm
- 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.