Updated October 11, 2026. Quick answer: Section 76-211 says a deed must be acknowledged or proved and recorded as the recording sections direct, so plan on a notary before recording. The register of deeds charges ten dollars for the first page and six dollars for each additional page to record a deed.
Nebraska quitclaim deed at a glance
| Item | What the documents say |
|---|---|
| Signing | A Nebraska deed to real estate must be signed by the grantor or grantors, who must be of lawful age, and acknowledged or proved and recorded under sections 76-216 to 76-237. |
| Witnesses | Not found in the documents read |
| Notary or acknowledgment | Section 76-211 says a deed must be acknowledged or proved and recorded as the recording sections direct, so plan on a notary before recording. |
| Statutory quitclaim form | Not found in the documents read |
| Where to record, and the fee | County register of deeds. The register of deeds charges ten dollars for the first page and six dollars for each additional page to record a deed. |
| State transfer tax | Nebraska imposes a documentary stamp tax on the grantor at three dollars and thirty-two cents per one thousand dollars of value or fraction thereof for transfers before January 1, 2032, and two dollars and thirty-two cents per one thousand dollars for transfers on or after January 1, 2032, with value for a gift measured at current market value. |
| Gift from a parent to a child | Deeds between spouses, between ex-spouses for marital property, or between parent and child without actual consideration are exempt from the tax; gifts to other relatives are not listed in that exemption. |
| Spouse or homestead | Except as otherwise provided in section 40-104 (a conservator or an attorney in fact may convey for a spouse), the homestead of a married person cannot be conveyed or encumbered unless the instrument is executed and acknowledged by both spouses. |
| Source | Nebraska Legislature |
Signing, witnesses and the notary in Nebraska
A Nebraska deed to real estate must be signed by the grantor or grantors, who must be of lawful age, and acknowledged or proved and recorded under sections 76-216 to 76-237.
Section 76-211 says a deed must be acknowledged or proved and recorded as the recording sections direct, so plan on a notary before recording.
The text itself:
- Nebraska Revised Statute 76-211: “must be signed by the grantor or grantors, being of lawful age”
- Nebraska Revised Statute 76-211: “and be acknowledged or proved and recorded as directed in sections”
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 register of deeds. The register of deeds charges ten dollars for the first page and six dollars for each additional page to record a deed.
The text itself:
- Nebraska Revised Statute 33-109: “a fee of ten dollars for the first page and six dollars”
Transfer tax and a gift to a family member
Nebraska imposes a documentary stamp tax on the grantor at three dollars and thirty-two cents per one thousand dollars of value or fraction thereof for transfers before January 1, 2032, and two dollars and thirty-two cents per one thousand dollars for transfers on or after January 1, 2032, with value for a gift measured at current market value.
Between family members: Deeds between spouses, between ex-spouses for marital property, or between parent and child without actual consideration are exempt from the tax; gifts to other relatives are not listed in that exemption.
The text itself:
- Nebraska Revised Statute 76-901: “There is hereby imposed a tax on the grantor executing the deed”
- Nebraska Revised Statute 76-901: “rate of three dollars and thirty-two cents for each one thousand”
- Nebraska Revised Statute 76-902: “or between parent and child, without actual consideration therefor”
Spouse and homestead
Except as otherwise provided in section 40-104 (a conservator or an attorney in fact may convey for a spouse), the homestead of a married person cannot be conveyed or encumbered unless the instrument is executed and acknowledged by both spouses.
The text itself:
- Nebraska Revised Statute 40-104: “executed and acknowledged by both spouses”
Other filings the documents mention
The grantee must file a completed statement prescribed by the Tax Commissioner with the register of deeds when the deed is presented, or the deed will not be recorded.
The text itself:
- Nebraska Revised Statute 76-214: “a completed statement as prescribed by the Tax Commissioner”
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 Nebraska requires witnesses on a deed: not found in the documents read, and that is not a statement that none are needed.
- Whether Nebraska has a statutory quitclaim form: not found in the documents read.
- County or city transfer taxes and local recording surcharges in Nebraska were not read unless named above.
Common mistakes
- Assuming the Nebraska transfer-tax exemption for family gifts also removes the federal basis consequence shown in the example.
- Assuming the Nebraska 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, Nebraska transfer on death deed, Nebraska probate cost, and whether Nebraska has an estate tax.
Sources
- Nebraska Revised Statute 76-211: https://nebraskalegislature.gov/laws/statutes.php?statute=76-211
- Nebraska Revised Statute 33-109: https://nebraskalegislature.gov/laws/statutes.php?statute=33-109
- Nebraska Revised Statute 76-901: https://nebraskalegislature.gov/laws/statutes.php?statute=76-901
- Nebraska Revised Statute 76-902: https://nebraskalegislature.gov/laws/statutes.php?statute=76-902
- Nebraska Revised Statute 40-104: https://nebraskalegislature.gov/laws/statutes.php?statute=40-104
- Nebraska Revised Statute 76-214: https://nebraskalegislature.gov/laws/statutes.php?statute=76-214
- 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.