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 | ||||
|---|---|---|---|---|
| ALAlabama | Not strictly required | 1 witness | State tax applies | |
| AKAlaska | Required to record | None | No state tax | |
| AZArizona | Required to record | None | No state tax | |
| ARArkansas | Required to record | Not listed | State tax applies | |
| CACalifornia | Required to record | None | Local taxes only | |
| COColorado | Not strictly required | None | State tax applies | |
| CTConnecticut | Required to record | 2 witnesses | State tax applies | |
| DEDelaware | Required to record | None | State tax applies | |
| DCDistrict of Columbia | Required to record | None | State tax applies | |
| FLFlorida | Required to record | 2 witnesses | State tax applies | |
| GAGeorgia | Required to record | 2 witnesses | State tax applies | |
| HIHawaii | Required to record | None | State tax applies | |
| IDIdaho | Required to record | None | No state tax | |
| ILIllinois | Not strictly required | None | State tax applies | |
| INIndiana | Required to record | None | No state tax | |
| IAIowa | Required to record | None | State tax applies | |
| KSKansas | Required to record | None | No state tax | |
| KYKentucky | Required to record | None | State tax applies | |
| LALouisiana | Required to record | 2 witnesses | Not listed | |
| MEMaine | Required to record | None | State tax applies | |
| MDMaryland | Required to record | None | State tax applies | |
| MAMassachusetts | Required to record | None | State tax applies | |
| MIMichigan | Required to record | None | State tax applies | |
| MNMinnesota | Required to record | None | State tax applies | |
| MSMississippi | Required to record | None | No state tax | |
| MOMissouri | Required to record | None | No state tax | |
| MTMontana | Required to record | None | No state tax | |
| NENebraska | Required to record | None | State tax applies | |
| NVNevada | Required to record | None | State tax applies | |
| NHNew Hampshire | Required to record | None | State tax applies | |
| NJNew Jersey | Required to record | None | State tax applies | |
| NMNew Mexico | Required to record | None | No state tax | |
| NYNew York | Required to record | None | State tax applies | |
| NCNorth Carolina | Required to record | None | State tax applies | |
| NDNorth Dakota | Required to record | None | No state tax | |
| OHOhio | Required to record | None | State tax applies | |
| OKOklahoma | Required to record | None | State tax applies | |
| OROregon | Required to record | None | Local taxes only | |
| PAPennsylvania | Required to record | None | State tax applies | |
| RIRhode Island | Required to record | None | State tax applies | |
| SCSouth Carolina | Required to record | 2 witnesses | State tax applies | |
| SDSouth Dakota | Required to record | None | State tax applies | |
| TNTennessee | Required to record | None | State tax applies | |
| TXTexas | Required to record | None | No state tax | |
| UTUtah | Required to record | None | No state tax | |
| VTVermont | Required to record | None | State tax applies | |
| VAVirginia | Required to record | None | State tax applies | |
| WAWashington | Required to record | None | State tax applies | |
| WVWest Virginia | Required to record | None | State tax applies | |
| WIWisconsin | Required to record | None | State tax applies | |
| WYWyoming | Required to record | None | No 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.
Deed Recording Requirements: state by state
- Alabama
- Alaska
- Arizona
- Arkansas
- California
- Colorado
- Connecticut
- Delaware
- District of Columbia
- Florida
- Georgia
- Hawaii
- Idaho
- Illinois
- Indiana
- Iowa
- Kansas
- Kentucky
- Louisiana
- Maine
- Maryland
- Massachusetts
- Michigan
- Minnesota
- Mississippi
- Missouri
- Montana
- Nebraska
- Nevada
- New Hampshire
- New Jersey
- New Mexico
- New York
- North Carolina
- North Dakota
- Ohio
- Oklahoma
- Oregon
- Pennsylvania
- Rhode Island
- South Carolina
- South Dakota
- Tennessee
- Texas
- Utah
- Vermont
- Virginia
- Washington
- West Virginia
- Wisconsin
- Wyoming
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.