Updated October 11, 2026. Quick answer: The signature must be acknowledged according to law (or proved by two subscribing witnesses), the register cannot take the acknowledgment, and eligible officers include a Tennessee notary public; Davidson County’s register requires a notarized deed with a complete acknowledgment. Davidson County Register of Deeds charges $5 per page with a $10 minimum plus a $2 data processing fee to record a quitclaim deed, plus a $1 probate fee collected only when the state tax is paid, and the state recordation tax is collected separately.
Tennessee quitclaim deed at a glance
| Item | What the documents say |
|---|---|
| Signing | To be recorded, a Tennessee instrument must be executed by the maker’s original signature, which must be acknowledged according to law or proved by at least two subscribing witnesses. |
| Witnesses | Witnesses are not required if the signature is acknowledged; the statute allows proof by at least two subscribing witnesses as the alternative to acknowledgment. |
| Notary or acknowledgment | The signature must be acknowledged according to law (or proved by two subscribing witnesses), the register cannot take the acknowledgment, and eligible officers include a Tennessee notary public; Davidson County’s register requires a notarized deed with a complete acknowledgment. |
| Statutory quitclaim form | Tennessee has a statutory quitclaim form in Tenn. Code Ann. 66-5-103(2), which the Department of Revenue describes as language such as ’I hereby quitclaim to Grantee all my interest in the following land.’. |
| Where to record, and the fee | County Register of Deeds. Davidson County Register of Deeds charges $5 per page with a $10 minimum plus a $2 data processing fee to record a quitclaim deed, plus a $1 probate fee collected only when the state tax is paid, and the state recordation tax is collected separately. |
| State transfer tax | Tennessee imposes a realty transfer (recordation) tax of $0.37 per $100 on recording deeds, paid by the grantee, and for a true quitclaim deed the tax base is the consideration given. |
| Gift from a parent to a child | Not found in the documents read |
| Spouse or homestead | Not found in the documents read |
| Source | Tennessee Department of Revenue; University of Tennessee County Technical Assistance Service (quotes T.C.A. 66-22-101); Davidson County (Nashville) Register of Deeds |
Signing, witnesses and the notary in Tennessee
To be recorded, a Tennessee instrument must be executed by the maker’s original signature, which must be acknowledged according to law or proved by at least two subscribing witnesses.
The signature must be acknowledged according to law (or proved by two subscribing witnesses), the register cannot take the acknowledgment, and eligible officers include a Tennessee notary public; Davidson County’s register requires a notarized deed with a complete acknowledgment.
Witnesses: Witnesses are not required if the signature is acknowledged; the statute allows proof by at least two subscribing witnesses as the alternative to acknowledgment.
Statutory form: Tennessee has a statutory quitclaim form in Tenn. Code Ann. 66-5-103(2), which the Department of Revenue describes as language such as ’I hereby quitclaim to Grantee all my interest in the following land.’.
The text itself:
- Authentication/Acknowledgment (CTAS-780): “original signature and such signature shall be either acknowledged according to law”
- Authentication/Acknowledgment (CTAS-780): “proved by at least two (2) subscribing witnesses”
- Authentication/Acknowledgment (CTAS-780): “The register is not eligible to take an acknowledgment.”
- Filing Requirements: “Notarized with complete notary acknowledgement”
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. Davidson County Register of Deeds charges $5 per page with a $10 minimum plus a $2 data processing fee to record a quitclaim deed, plus a $1 probate fee collected only when the state tax is paid, and the state recordation tax is collected separately.
The text itself:
- Register of Deeds Filing Fees: “$10 Minimum Charge + $ 2 data processing (DP) fee”
Transfer tax and a gift to a family member
Tennessee imposes a realty transfer (recordation) tax of $0.37 per $100 on recording deeds, paid by the grantee, and for a true quitclaim deed the tax base is the consideration given.
Between family members: Not found in the documents read.
The text itself:
- Realty Transfer and Recordation Tax Manual (March 2023): “Tennessee imposes a tax of $0.37 per $100”
- Realty Transfer and Recordation Tax Manual (March 2023): “The tax base for a quitclaim deed is the consideration given.”
Other filings the documents mention
The grantee must state under oath on the face of the instrument the actual consideration or value, whichever is greater, and Davidson County notes the oath of consideration may state $0 or actual consideration for a quitclaim deed.
The text itself:
- Realty Transfer and Recordation Tax Manual (March 2023): “must state under oath upon the face of the instrument”
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 Tennessee 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
- The recording fee shown is one county’s published figure; other Tennessee counties publish their own.
- Whether a gift from a parent to a child is exempt from the transfer tax: not found in the documents read.
- Whether a spouse must join in the deed: not found in the documents read.
- The text of T.C.A. 66-22-101 and 66-22-102 is read as quoted by the University of Tennessee’s County Technical Assistance Service, not from the official code site.
- County or city transfer taxes and local recording surcharges were not read unless named above.
Common mistakes
- Adding witnesses on top of the notary; the documents read treat two witnesses as an alternative to an acknowledgment, not an extra step.
- Treating the one-county recording fee above as the fee in every Tennessee county.
- 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, Tennessee probate cost, and whether Tennessee has an estate tax.
Sources
- Realty Transfer and Recordation Tax Manual (March 2023): https://www.tn.gov/content/dam/tn/revenue/documents/tax_manuals/march-2023/Realty-Transfer-Recordation-Tax.pdf
- Authentication/Acknowledgment (CTAS-780): https://www.ctas.tennessee.edu/node/780/printable/print
- Register of Deeds Filing Fees: https://www.nashville.gov/departments/register-deeds/recording-services/filing-fees
- Filing Requirements: https://filetransfer.nashville.gov/portals/0/sitecontent/RegisterOfDeeds/docs/FilingRequirementsKJ.pdf
- 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.