Updated October 11, 2026. Quick answer: Before an instrument can be recorded its execution must be acknowledged, and the recording statute excludes quitclaim deeds and grant deeds from the alternative of proof by a subscribing witness. State law caps the base county recording fee at $10 for the first page and $3 for each additional page, plus $1 or $3 extra per page for nonconforming pages and a $75 real estate transaction recording fee unless an exception applies; no single county fee page was read.
California quitclaim deed at a glance
| Item | What the documents say |
|---|---|
| Signing | A California transfer of an estate in real property (other than a lease of a year or less) must be an instrument in writing subscribed by the party disposing of it or the party’s authorized agent. |
| Witnesses | Not found in the documents read |
| Notary or acknowledgment | Before an instrument can be recorded its execution must be acknowledged, and the recording statute excludes quitclaim deeds and grant deeds from the alternative of proof by a subscribing witness. |
| Statutory quitclaim form | Civil Code 1092 gives a short-form grant in substance (“I, A B, grant to C D”), but no statutory quitclaim form was read, so quitclaim form is UNVERIFIED. |
| Where to record, and the fee | County recorder. State law caps the base county recording fee at $10 for the first page and $3 for each additional page. The recorder may charge $1 extra for each page whose printing is spaced more than nine lines per vertical inch or more than 22 characters and spaces per inch, and $3 extra for each page that does not meet the page dimensions in Government Code 27361.5. A separate $75 real estate transaction recording fee (capped at $225 per transaction) also applies unless an exception, such as a transfer subject to a documentary transfer tax or a transfer of a residential dwelling to an owner-occupier, covers the document. No single county fee page was read. |
| State transfer tax | California state law authorizes a county documentary transfer tax, by county ordinance, of $0.55 for each $500 or fractional part of value on a deed by which realty sold is conveyed when the value above any remaining lien or encumbrance exceeds $100. A city in that county may impose half that rate by its own ordinance, and the city tax is credited against the county tax, so the two are not simply stacked. It is a county and city tax, and no state-level deed tax was read. |
| Gift from a parent to a child | Not found in the documents read |
| Spouse or homestead | Both spouses must join in executing an instrument that sells or conveys community real property, but that rule does not apply to a conveyance of real property between spouses. |
| Source | California Legislative Counsel (leginfo bulk data, LAW_SECTION_TBL lobs from pubinfo_2025.zip; leginfo.legislature.ca.gov returned 403) |
Signing, witnesses and the notary in California
A California transfer of an estate in real property (other than a lease of a year or less) must be an instrument in writing subscribed by the party disposing of it or the party’s authorized agent.
Before an instrument can be recorded its execution must be acknowledged, and the recording statute excludes quitclaim deeds and grant deeds from the alternative of proof by a subscribing witness.
Statutory form: Civil Code 1092 gives a short-form grant in substance (“I, A B, grant to C D”), but no statutory quitclaim form was read, so quitclaim form is UNVERIFIED.
The text itself:
- California Civil, Government, Revenue and Taxation, and Family Code sections 1091, 1092, 1181, 1189, 27287, 27361, 27388.1, 11911, 63.1, 480.3, 1102 (Legislative Counsel bulk code data extract): “transferred only by operation of law, or by an instrument in writing”
- California Civil, Government, Revenue and Taxation, and Family Code sections 1091, 1092, 1181, 1189, 27287, 27361, 27388.1, 11911, 63.1, 480.3, 1102 (Legislative Counsel bulk code data extract): “before an instrument can be recorded its execution shall be acknowledged”
- California Civil, Government, Revenue and Taxation, and Family Code sections 1091, 1092, 1181, 1189, 27287, 27361, 27388.1, 11911, 63.1, 480.3, 1102 (Legislative Counsel bulk code data extract): “except for any power of attorney, quitclaim deed, grant 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.
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: County recorder. State law caps the base county recording fee at $10 for the first page and $3 for each additional page. The recorder may charge $1 extra for each page whose printing is spaced more than nine lines per vertical inch or more than 22 characters and spaces per inch, and $3 extra for each page that does not meet the page dimensions in Government Code 27361.5. A separate $75 real estate transaction recording fee (capped at $225 per transaction) also applies unless an exception, such as a transfer subject to a documentary transfer tax or a transfer of a residential dwelling to an owner-occupier, covers the document. No single county fee page was read.
The text itself:
- California Civil, Government, Revenue and Taxation, and Family Code sections 1091, 1092, 1181, 1189, 27287, 27361, 27388.1, 11911, 63.1, 480.3, 1102 (Legislative Counsel bulk code data extract): “shall not exceed ten dollars ($10) for recording the first page”
Transfer tax and a gift to a family member
California state law authorizes a county documentary transfer tax, by county ordinance, of $0.55 for each $500 or fractional part of value on a deed by which realty sold is conveyed when the value above any remaining lien or encumbrance exceeds $100. A city in that county may impose half that rate by its own ordinance, and the city tax is credited against the county tax, so the two are not simply stacked. It is a county and city tax, and no state-level deed tax was read.
Between family members: Not found in the documents read.
The text itself:
- California Civil, Government, Revenue and Taxation, and Family Code sections 1091, 1092, 1181, 1189, 27287, 27361, 27388.1, 11911, 63.1, 480.3, 1102 (Legislative Counsel bulk code data extract): “fifty-five cents ($0.55) for each five hundred dollars ($500)”
Spouse and homestead
Both spouses must join in executing an instrument that sells or conveys community real property, but that rule does not apply to a conveyance of real property between spouses.
The text itself:
- California Civil, Government, Revenue and Taxation, and Family Code sections 1091, 1092, 1181, 1189, 27287, 27361, 27388.1, 11911, 63.1, 480.3, 1102 (Legislative Counsel bulk code data extract): “both spouses, either personally or by a duly authorized agent”
Other filings the documents mention
Transferees may file a Preliminary Change of Ownership Report with the recorder, and a recorder may charge an additional $20 recording fee if a change-in-ownership document is presented without one.
A parent-to-child transfer of a principal residence is excluded from change in ownership only if a claim is filed under Revenue and Taxation Code 63.1.
The $75 real estate transaction recording fee is capped at $225 per transaction. It is not imposed on a document recorded in connection with a transfer subject to a documentary transfer tax, or on a transfer of a residential dwelling to an owner-occupier.
The text itself:
- California Civil, Government, Revenue and Taxation, and Family Code sections 1091, 1092, 1181, 1189, 27287, 27361, 27388.1, 11911, 63.1, 480.3, 1102 (Legislative Counsel bulk code data extract): “the recorder may charge an additional recording fee of twenty dollars ($20)”
- California Civil, Government, Revenue and Taxation, and Family Code sections 1091, 1092, 1181, 1189, 27287, 27361, 27388.1, 11911, 63.1, 480.3, 1102 (Legislative Counsel bulk code data extract): “a residential dwelling to an owner-occupier”
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 California 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 California requires witnesses on a deed: not found in the documents read, and that is not a statement that none are needed.
- Whether a gift from a parent to a child is exempt from the transfer tax: 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 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, California transfer on death deed, California probate cost, and whether California has an estate tax.
Sources
- California Civil, Government, Revenue and Taxation, and Family Code sections 1091, 1092, 1181, 1189, 27287, 27361, 27388.1, 11911, 63.1, 480.3, 1102 (Legislative Counsel bulk code data extract): https://downloads.leginfo.legislature.ca.gov/pubinfo_2025.zip
- 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.