Can I file a quitclaim deed on my own?

Asked on July 16, 2015 under Real Estate Law, North Carolina


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

Answered 5 years ago | Contributor

There appears to be no requirement that a quitclaim deed be prepared by an attorney but you always run the risk that the person who signed over their rights will try to have the deed set aside in some way and not having an attorney involved to explain their rights may be cause for alarm.

As long as the deed is properly filled out it is valid no matter who prepares it. However, it should be recorded to most effectively protect the new owner's interests. Additionally, other deed forms (e.g. warranty deed), gives the most protection to the new owner.

Deeds are filed in the county clerk's office in the county in which the property is locate; there is a small a fee for doing so. You can check in your county clerk's office forfurther information.

That having been said, having an attorney draft the deed might be preferable to your doing it. Then you know that it will be accurately drafted and properly filed.

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