Does an attorney need to file a quit claim deed or can anyone file?

My mother passed away and left my 2 brothers her house in a revocable trust. We need to execute a quit claim deed so that the deed will transfer to my 2 brothers. Can we file the quit claim deed.

Asked on May 12, 2017 under Real Estate Law, New Jersey


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

There is no requirement that a quitclaim deed be prepared by an attorney, however you always run the risk that the deed may not be properly drafted in some way, so having an attorney draw it up (or atleast review it) is advisable. That having been said, as long as the deed is properly filled out, signed and notarized, it is valid. However, it must be filed with the Recorder's Office as well.

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

You don't need an attorney to file a quitclaim deed.  You can file the quitclaim deed.  The quitclaim deed must be signed in the presence of a notary.  The quitclaim deed becomes effective upon being recorded (filed with the County Recorder's office.

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