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Deed Recording Requirements by State

A deed transfers ownership of real estate. To be recorded in the public land records, it must be signed the way state law requires, usually with a notary acknowledgment and in some states with witnesses. Many states also charge a transfer tax when the deed is recorded.

50 states and DC compared. Last checked .

Compare deed recording requirements

These rules apply to deeds generally: quitclaim, warranty, gift, survivorship and transfer-on-death deeds. Exemptions from transfer taxes vary.

51 of 51 shown

Sources
ALAlabamaNot strictly required1 witnessState tax applies
AKAlaskaRequired to recordNoneNo state tax
AZArizonaRequired to recordNoneNo state tax
ARArkansasRequired to recordNot listedState tax applies
CACaliforniaRequired to recordNoneLocal taxes only
COColoradoNot strictly requiredNoneState tax applies
CTConnecticutRequired to record2 witnessesState tax applies
DEDelawareRequired to recordNoneState tax applies
DCDistrict of ColumbiaRequired to recordNoneState tax applies
FLFloridaRequired to record2 witnessesState tax applies
GAGeorgiaRequired to record2 witnessesState tax applies
HIHawaiiRequired to recordNoneState tax applies
IDIdahoRequired to recordNoneNo state tax
ILIllinoisNot strictly requiredNoneState tax applies
INIndianaRequired to recordNoneNo state tax
IAIowaRequired to recordNoneState tax applies
KSKansasRequired to recordNoneNo state tax
KYKentuckyRequired to recordNoneState tax applies
LALouisianaRequired to record2 witnessesNot listed
MEMaineRequired to recordNoneState tax applies
MDMarylandRequired to recordNoneState tax applies
MAMassachusettsRequired to recordNoneState tax applies
MIMichiganRequired to recordNoneState tax applies
MNMinnesotaRequired to recordNoneState tax applies
MSMississippiRequired to recordNoneNo state tax
MOMissouriRequired to recordNoneNo state tax
MTMontanaRequired to recordNoneNo state tax
NENebraskaRequired to recordNoneState tax applies
NVNevadaRequired to recordNoneState tax applies
NHNew HampshireRequired to recordNoneState tax applies
NJNew JerseyRequired to recordNoneState tax applies
NMNew MexicoRequired to recordNoneNo state tax
NYNew YorkRequired to recordNoneState tax applies
NCNorth CarolinaRequired to recordNoneState tax applies
NDNorth DakotaRequired to recordNoneNo state tax
OHOhioRequired to recordNoneState tax applies
OKOklahomaRequired to recordNoneState tax applies
OROregonRequired to recordNoneLocal taxes only
PAPennsylvaniaRequired to recordNoneState tax applies
RIRhode IslandRequired to recordNoneState tax applies
SCSouth CarolinaRequired to record2 witnessesState tax applies
SDSouth DakotaRequired to recordNoneState tax applies
TNTennesseeRequired to recordNoneState tax applies
TXTexasRequired to recordNoneNo state tax
UTUtahRequired to recordNoneNo state tax
VTVermontRequired to recordNoneState tax applies
VAVirginiaRequired to recordNoneState tax applies
WAWashingtonRequired to recordNoneState tax applies
WVWest VirginiaRequired to recordNoneState tax applies
WIWisconsinRequired to recordNoneState tax applies
WYWyomingRequired to recordNoneNo state tax

General information, not legal advice. Laws change, and cities can add their own rules, so check the current statute before you rely on it.

What this means in practice

Record the signed deed with the county recorder, register of deeds or land records office where the property is located. Recording puts the world on notice of the transfer and generally protects the new owner against later claims.

Recording offices often have formatting rules (margins, paper size, a return address, a parcel number) and charge a fee. Check the county's requirements before you sign.

A deed does not pay off a mortgage. If the property is mortgaged, the loan usually stays in place after the transfer.

Frequently asked questions

Which states require witnesses on a deed?

Alabama, Connecticut, Florida, Georgia, Louisiana and South Carolina require witnesses on a deed. Elsewhere a notary acknowledgment is the usual formality.

Which states have no real estate transfer tax?

We found no state transfer tax in Alaska, Arizona, Idaho, Indiana, Kansas, Mississippi, Missouri, Montana, New Mexico, North Dakota, Texas, Utah and Wyoming. In California and Oregon transfer taxes are set locally rather than by the state.

Does every state require a deed to be notarized?

Almost every state does for recording. Alabama, Colorado and Illinois do not strictly require it by statute, although deeds there are routinely notarized.