Skip to content
Independent money guidance
Clear Money Guide
Start here
Menu

Delaware Quitclaim Deed Form (2026): Requirements, Notary, Recording Fee

Updated October 11, 2026. Quick answer: A deed concerning land may be acknowledged before a notary public or other listed officer, and the statutory deed form assumes a deed ’duly executed and acknowledged’; the archived text does not state outright that acknowledgment is mandatory for recording. In Sussex County (example), a deed costs a $30.00 document surcharge plus a $1.00 maintenance fee plus $9.00 per page (effective July 1, 2024), plus another $30.00 for a document that does not meet the county’s recording standards. State law separately requires every county recorder to collect, for each document recorded, a $5.00 Housing Development Fund surcharge and an additional $25 Delaware Cultural Access Fund fee; New Castle and Kent set their own other fees by ordinance.

Delaware quitclaim deed at a glance

ItemWhat the documents say
SigningSection 121 gives a sufficient form of deed signed and sealed by the grantor, and says a deed not in that form is not invalidated.
WitnessesThe statutory form has a signature block for ’Sealed and Delivered in the Presence of’ witnesses, but the archived text does not say whether witnesses are mandatory (UNVERIFIED).
Notary or acknowledgmentA deed concerning land may be acknowledged before a notary public or other listed officer, and the statutory deed form assumes a deed ’duly executed and acknowledged’; the archived text does not state outright that acknowledgment is mandatory for recording.
Statutory quitclaim formSection 121 prescribes a general sufficient form of deed (grant and convey) but not a labelled quitclaim form.
Where to record, and the feeRecorder of Deeds of the county where the property is located. In Sussex County (example), a deed costs a $30.00 document surcharge plus a $1.00 maintenance fee plus $9.00 per page (effective July 1, 2024), plus another $30.00 for a document that does not meet the county’s recording standards. State law separately requires every county recorder to collect, for each document recorded, a $5.00 Housing Development Fund surcharge and an additional $25 Delaware Cultural Access Fund fee; New Castle and Kent set their own other fees by ordinance.
State transfer taxDelaware imposes a realty transfer tax of 3 percent of the value (2 1/2 percent where the county or municipality has enacted the full local 1 1/2 percent), split equally between grantor and grantee, and no tax is imposed when the actual value of the property is less than $100; the extra county or municipal tax was not read.
Gift from a parent to a childA conveyance between parent and child or the spouse of such a child is excluded from the definition of a taxable document.
Spouse or homesteadNot found in the documents read
SourceDelaware General Assembly; Sussex County Recorder of Deeds

Signing, witnesses and the notary in Delaware

Section 121 gives a sufficient form of deed signed and sealed by the grantor, and says a deed not in that form is not invalidated.

A deed concerning land may be acknowledged before a notary public or other listed officer, and the statutory deed form assumes a deed ’duly executed and acknowledged’; the archived text does not state outright that acknowledgment is mandatory for recording.

Witnesses: The statutory form has a signature block for ’Sealed and Delivered in the Presence of’ witnesses, but the archived text does not say whether witnesses are mandatory (UNVERIFIED).

Statutory form: Section 121 prescribes a general sufficient form of deed (grant and convey) but not a labelled quitclaim form.

The text itself:

  • Delaware Code Title 25, Chapter 1, Subchapter II (Sections 121-134): “Nothing contained in this section shall invalidate a deed not made”
  • Delaware Code Title 25, Chapter 1, Subchapter II (Sections 121-134): “Sealed and Delivered in”
  • Delaware Code Title 25, Chapter 1, Subchapter II (Sections 121-134): “may be acknowledged in any county, by any party to the 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 deed

Opens on LawDepot. Follow the signing, notary and recording rules for your state.

How our partner relationships work

Recording: where to file and what it costs

Recording office: Recorder of Deeds of the county where the property is located. In Sussex County (example), a deed costs a $30.00 document surcharge plus a $1.00 maintenance fee plus $9.00 per page (effective July 1, 2024), plus another $30.00 for a document that does not meet the county’s recording standards. State law separately requires every county recorder to collect, for each document recorded, a $5.00 Housing Development Fund surcharge and an additional $25 Delaware Cultural Access Fund fee; New Castle and Kent set their own other fees by ordinance.

The text itself:

  • Recorder of Deeds Fee Schedule (effective July 1, 2024): “Document Surcharge Fee ($30.00) + Maintenance Fee ($1.00) + $9.00 per page”

Transfer tax and a gift to a family member

Delaware imposes a realty transfer tax of 3 percent of the value (2 1/2 percent where the county or municipality has enacted the full local 1 1/2 percent), split equally between grantor and grantee, and no tax is imposed when the actual value of the property is less than $100; the extra county or municipal tax was not read.

Between family members: A conveyance between parent and child or the spouse of such a child is excluded from the definition of a taxable document.

The text itself:

  • Delaware Code Title 30, Chapter 54, Subchapter I (Sections 5401-5402): “realty transfer tax at the rate of 3 percent of the value”
  • Delaware Code Title 30, Chapter 54, Subchapter I (Sections 5401-5402): “conveyance between parent and child or the spouse of such a child”

Other filings the documents mention

The recorder will not accept a deed without an affidavit of residence and gain, unless the transaction is one exempted under the realty transfer tax definition of document.

The recorder will not accept a deed unless it shows the county tax assessment parcel identification number of the parcel.

The recorder will also not accept a deed unless it contains the words “prepared by” followed by the name and address of the person who drafted it, on the first page.

The text itself:

  • Delaware Code Title 9, Chapter 96 Recorder of Deeds: “affidavit of residence and gain”
  • Delaware Code Title 9, Chapter 96 Recorder of Deeds: “county tax assessment parcel identification number”

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

  • The recording fee shown is one county’s published figure; other Delaware counties publish their own.
  • Whether a spouse must join in the deed: not found in the documents read.
  • County or city transfer taxes and local recording surcharges in Delaware were not read unless named above.

Common mistakes

  • Treating the one-county recording fee above as the fee in every Delaware county.
  • Assuming the Delaware transfer-tax exemption for family gifts also removes the federal basis consequence shown in the example.
  • Assuming the Delaware rules above govern land in another state, or that signing the deed ends the paperwork before it is recorded with the recording office.

Related: quitclaim vs warranty deed for a family transfer, Delaware transfer on death deed, Delaware probate cost, and whether Delaware has an estate tax.

Sources

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.