Updated October 11, 2026. Quick answer: Real Property 4-101(a)(1) makes a deed sufficient if it is executed, acknowledged and, where required, recorded. Before recording, the clerk collects $10 for a release 9 pages or less in length, $20 for an instrument involving solely a principal residence regardless of length, $20 for any other instrument 9 pages or less in length, and $75 for any other instrument 10 pages or more in length (Real Property 3-601).
Maryland quitclaim deed at a glance
| Item | What the documents say |
|---|---|
| Signing | A Maryland deed is sufficient if it names the grantor and grantee, describes the property and the interest granted, and is executed, acknowledged and, where required, recorded; it passes only when executed and recorded. |
| Witnesses | If the grantor signs as Title 5 requires, the absence of a seal or attestation does not affect the deed’s validity. |
| Notary or acknowledgment | Real Property 4-101(a)(1) makes a deed sufficient if it is executed, acknowledged and, where required, recorded. |
| Statutory quitclaim form | Not found in the documents read |
| Where to record, and the fee | Clerk of the circuit court for the county. Before recording, the clerk collects $10 for a release 9 pages or less in length, $20 for an instrument involving solely a principal residence regardless of length, $20 for any other instrument 9 pages or less in length, and $75 for any other instrument 10 pages or more in length (Real Property 3-601). |
| State transfer tax | The Maryland state transfer tax rate is 0.5% of the consideration payable for the instrument of writing. For a sale of improved residential property to a first-time Maryland home buyer who will occupy it as a principal residence, the rate is 0.25% and the seller pays the tax entirely. Who pays in other cases was not read. |
| Gift from a parent to a child | Section 13-207 exempts an instrument from transfer tax to the same extent it is not subject to recordation tax under 12-108(c) (transfer between relatives and domestic partners), which as read covers only debt assumed by the transferee; county-level taxes were not read. Section 13-207 also lists 12-108(d), and under 12-108(d) an instrument that transfers property between spouses or former spouses is not subject to recordation tax, so a deed between spouses is exempt from transfer tax to that extent. |
| Spouse or homestead | Not found in the documents read |
| Source | Maryland General Assembly |
Signing, witnesses and the notary in Maryland
A Maryland deed is sufficient if it names the grantor and grantee, describes the property and the interest granted, and is executed, acknowledged and, where required, recorded; it passes only when executed and recorded.
Real Property 4-101(a)(1) makes a deed sufficient if it is executed, acknowledged and, where required, recorded.
Witnesses: If the grantor signs as Title 5 requires, the absence of a seal or attestation does not affect the deed’s validity.
The text itself:
- Md. Code, Real Property 3-101: “unless the deed granting it is executed and recorded”
- Md. Code, Real Property 4-101: “absence of a seal or attestation does not affect the validity”
- Md. Code, Real Property 4-101: “is sufficient, if executed, acknowledged, and, where required, recorded”
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 for the county. Before recording, the clerk collects $10 for a release 9 pages or less in length, $20 for an instrument involving solely a principal residence regardless of length, $20 for any other instrument 9 pages or less in length, and $75 for any other instrument 10 pages or more in length (Real Property 3-601).
The text itself:
- Md. Code, Real Property 3-601: “$20 for an instrument, regardless of length, involving solely a principal residence”
- Md. Code, Real Property 3-104: “The clerk of the circuit court may record an instrument”
Transfer tax and a gift to a family member
The Maryland state transfer tax rate is 0.5% of the consideration payable for the instrument of writing. For a sale of improved residential property to a first-time Maryland home buyer who will occupy it as a principal residence, the rate is 0.25% and the seller pays the tax entirely. Who pays in other cases was not read.
Between family members: Section 13-207 exempts an instrument from transfer tax to the same extent it is not subject to recordation tax under 12-108(c) (transfer between relatives and domestic partners), which as read covers only debt assumed by the transferee; county-level taxes were not read. Section 13-207 also lists 12-108(d), and under 12-108(d) an instrument that transfers property between spouses or former spouses is not subject to recordation tax, so a deed between spouses is exempt from transfer tax to that extent.
The text itself:
- Md. Code, Tax-Property 13-203: “the rate of the transfer tax is 0.5% of the consideration payable”
- Md. Code, Tax-Property 13-207: “(Transfer between relatives and domestic partners)”
Other filings the documents mention
An instrument that changes ownership must be accompanied by a complete intake sheet or be endorsed by the county assessment office, and carry the tax collector’s certificate that taxes are paid.
The text itself:
- Md. Code, Real Property 3-104: “Accompanied by a complete intake sheet”
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 Maryland 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 Maryland has a statutory quitclaim form: not found in the documents read.
- 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 Maryland 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 vs warranty deed for a family transfer, Maryland transfer on death deed, and Maryland probate cost.
Sources
- Md. Code, Real Property 4-101: https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=grp§ion=4-101&enactments=false
- Md. Code, Real Property 3-601: https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=grp§ion=3-601&enactments=false
- Md. Code, Tax-Property 13-203: https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=gtp§ion=13-203&enactments=false
- Md. Code, Tax-Property 13-207: https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=gtp§ion=13-207&enactments=false
- Md. Code, Real Property 3-104: https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=grp§ion=3-104&enactments=false
- Md. Code, Real Property 3-101: https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=grp§ion=3-101&enactments=false
- 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.