35 articles

Deed guides

Everything we know about property deeds, written plainly. No jargon you have to decode, no answers buried under four hundred words of preamble, and honest about the limits.

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What each deed does

Start here if you're trying to work out which instrument you need.

What is a quitclaim deed?A quitclaim deed transfers whatever interest you have in a property with no promises about the title. Here is what that means, when it is the right tool, and the three things it does not do.

What is a warranty deed?A warranty deed transfers ownership with the strongest title guarantees the law allows. Here are the six covenants, what they actually protect you from, and why sellers should think twice.

What is a special warranty deed?A special warranty deed guarantees the title only for the period the grantor owned the property. Here is what that covers, what it leaves exposed, and who uses one.

What is a lady bird deed?A lady bird deed is an enhanced life estate deed: you keep total control of your property for life and it passes to your beneficiaries without probate. Recognized by statute or settled practice in 6 states, and in Maryland under another name.

What is a transfer on death deed?A transfer on death deed names who inherits your real estate, skips probate, and changes nothing while you're alive. Available in 34 states plus DC.

What is a beneficiary deed?A beneficiary deed is what Arizona, Arkansas, Colorado and Missouri call a transfer on death deed. It names who inherits your property, avoids probate, and is revocable at any time.

Deed vs title: what is the difference?A deed is a document. Title is a legal concept. You can hold title without a deed in your hand, and holding a deed doesn't always mean you have good title. Here is how they relate.

Straight answers

The questions people actually search for, answered in the first sentence.

Problems with transfer on death deedsTOD deeds are cheap and effective, but they fail in predictable ways: predeceased beneficiaries, co-owners who cannot agree, creditor claims, Medicaid recovery, and benefit disqualification.

Does a transfer on death deed avoid probate?Yes, for the property it names. Here's exactly what a TOD deed skips, what still goes through probate, and what your beneficiary has to do after your death.

Can a lady bird deed be contested?Yes, but it is harder to overturn than a will. Here are the grounds a challenger has to prove, why the burden is on them, and how to make a lady bird deed hard to attack.

Does a quitclaim deed remove you from the mortgage?No. A deed changes ownership; a mortgage is a separate contract with the lender. Here's what actually removes a borrower, and what happens if you sign the deed anyway.

Practical guides

What to do with a lady bird deed after deathThe property is already yours the moment the life tenant dies. Here is what beneficiaries have to record to prove it, what it costs, and what to do about the mortgage and taxes.

How to file a quitclaim deedFiling a quitclaim deed takes seven steps: get the legal description, complete the deed, sign in front of a notary, and record it with the county. Here is each one in detail.

How to find your property's legal descriptionThe legal description is the property's legal identity and a street address will not do. Here are five places to find yours, and how to copy it without breaking the transfer.

How should you hold title?Joint tenancy, tenancy in common, tenancy by the entirety, community property. The vesting you choose decides what happens when an owner dies. Here is each one in plain English.

How much does a property deed cost?Preparing a deed runs $29 with Deedly or $150–$700 with an attorney. Recording adds $10–$100, and transfer tax ranges from nothing to several percent. Here is every line item.

Do you need a lawyer for a deed?No state requires an attorney to prepare a deed. Here is what a lawyer actually does for one, what it costs, when hiring one is genuinely worth it, and when it is not.

Real estate transfer tax and deed recording fees by stateTransfer tax rates, who pays, the tax on a $300,000 sale, and typical deed recording fees for every state and DC, each checked against a primary source.

Step-by-step

How to do the thing you came here for.

How to remove a name from a deedRemoving a co-owner takes a new deed signed by the person coming off, usually a quitclaim. Here's the process, what it costs, and the mortgage problem nobody warns you about.

How to add your spouse to the deedAdding a husband or wife to the deed takes one quitclaim deed and one decision: how the two of you'll hold title. Here is the process and why the vesting choice matters more than the deed.

How to remove an ex-spouse from the deedThe divorce decree does not change the deed. Here's the order of operations, the mortgage trap that ruins credit, and what to do if your ex won't sign.

How to transfer property into your living trustAn unfunded trust does nothing. Here's how to deed your house into your revocable living trust, and the one detail, the exact trust name and date, that makes transfers fail.

How to transfer property to a childGifting a house to your child during your lifetime is simple to do and often the wrong move. Here is the deed process, and the capital gains problem that costs families six figures.

How to add a child to the deedAdding an adult child as a co-owner is easy and usually the wrong tool. Here is how to do it, and the three cheaper alternatives that achieve what people actually want.

How to change your name on a house deedMarriage, divorce, or a misspelling on the original deed. Here's how to correct the name on your property record, and when you need a corrective deed rather than a new one.

How to transfer property into your LLCMoving a rental into an LLC is a deed plus four things people forget: the lender, the insurance, the title policy, and the homestead exemption. Here is the whole checklist.

How to avoid probate on a houseFive ways to keep a house out of probate, what each costs, and which one fits. TOD deeds, lady bird deeds, living trusts, survivorship titling, and joint ownership.

Selling without an agent: the deedIn a private sale you provide the deed. Here's which deed to use, what has to happen at closing, and the three things you should not skip to save money.

Comparisons

When two instruments both look right.

Quitclaim deed vs warranty deedA warranty deed guarantees the title. A quitclaim guarantees nothing. Use a warranty deed for a sale and a quitclaim between people who already trust each other.

General warranty deed vs special warranty deedA general warranty deed covers the property's entire history. A special warranty deed covers only the grantor's ownership period. Here is what that difference actually costs each side.

Lady Bird deed vs life estate deedBoth avoid probate and both let you live in the property for life. Only one lets you sell it without your beneficiaries' permission. That difference decides almost every case.

Lady Bird deed vs living trustA lady bird deed costs $49 and covers one house. A living trust costs $1,000–$3,000 and covers everything. Here's how to tell which one your situation calls for.

Transfer on death deed vs living trustA TOD deed costs $49 and covers one property. A living trust costs $1,000–$3,000 and covers your whole estate plus incapacity. Here is how to choose.

Transfer on death deed vs lady bird deedBoth avoid probate and both keep you in control. One is statutory, the other is common law. In Texas and West Virginia you can choose. Here is how.

Quitclaim deed vs gift deedMechanically they are almost identical. The difference is what the deed says about consideration, and that recital is what supports your transfer tax exemption.

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Deedly is not a law firm

Its software and documents are not a substitute for the advice of an attorney. We provide self-help software and state-specific deed forms; you make your own decisions about your property. Using Deedly does not create an attorney-client relationship, and nothing here is legal advice. If your situation is complex or contested, talk to a licensed attorney in your state.