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Free Delaware Quitclaim Deed Form

Use this free Delaware quitclaim deed form to transfer real property. Fill out the form online, download your deed, and have it notarized before recording with your county recorder.

Delaware does not require witnesses — only a notary acknowledgment is needed (25 Del. C. §§ 122-123). Delaware records deeds at the county level across its three counties: New Castle, Kent, and Sussex. Each county has different recording requirements. The RTT TAX form is required at every recording.

Delaware Quitclaim Deed Form

Your deed needs to be notarized before recording

All quit claim deeds must be notarized to be legally valid. Notarize online from your phone or computer — no travel required, available 24/7.

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Delaware Quitclaim Deed Requirements

Before recording a quitclaim deed in Delaware, make sure the document meets these requirements:

  • ✓Deed must be in writing and signed by the grantor (25 Del. C. § 121)
  • ✓Grantor's signature must be acknowledged before a notary public (25 Del. C. §§ 122-123)
  • ✓Delaware does NOT require witnesses — notary acknowledgment alone is sufficient for recording
  • ✓Notary title must read "Notary Public" — not "Notarial Officer" (9 Del. C. § 9611)
  • ✓Full legal description of the property must be included
  • ✓Tax Parcel ID (APN) must appear on the deed (9 Del. C. § 9605(f))
  • ✓Grantor and grantee mailing addresses are required (25 Del. C. § 133)
  • ✓Consideration amount must appear on the deed face (25 Del. C. § 121)
  • ✓County where property is located must be stated — Delaware records at the county level
  • ✓Preparer name and address must appear on the deed (9 Del. C. § 9611(h))
  • ✓Return address must appear on the deed for return after recording
  • ✓RTT TAX form (formerly Form 5402) must be signed by both grantor and grantee and submitted at recording
  • ✓Realty transfer tax: typically 4% total (2.5% state + 1.5% local); confirm local rate with county recorder
  • ✓If transfer is exempt, cite the specific 30 Del. C. § 5401(1) subsection on the RTT TAX form
  • ✓Minimum 2.5-inch top margin on page 1 for recorder stamp area

After You Record Your Deed in Delaware

After the county recorder records your deed, the original is returned to the address specified on the deed. The county assessor is notified of the ownership change and updates property tax records. Keep the recorded deed as your primary evidence of title and retain your RTT TAX form receipt as proof of transfer tax payment.

Common Uses for a Quitclaim Deed in Delaware

Quitclaim deeds in Delaware are commonly used to transfer property between spouses or family members, including as part of a divorce settlement or estate plan. Delaware residents frequently use them to move property into a revocable living trust to avoid probate, to add or remove a co-owner from the title, or to correct a name error on a prior recorded deed. Married grantors should consider whether a dower or curtesy release is needed.

Delaware Quitclaim Deed FAQ

Does a quitclaim deed need to be notarized in Delaware?

Yes. Delaware requires the grantor's signature to be acknowledged before a notary public before the deed can be recorded (25 Del. C. §§ 122-123). Online notarization through a service like NotaryLive is accepted in Delaware.

Do I need witnesses for a Delaware quitclaim deed?

No. Delaware does not require witnesses to a deed. Unlike Connecticut or Florida, only a notary acknowledgment is required. This makes Delaware deeds simpler to execute — you only need to sign before a notary public.

Where do I record a quitclaim deed in Delaware?

Delaware records deeds at the county level. New Castle County deeds are recorded with the New Castle County Recorder of Deeds in Wilmington. Kent County deeds are recorded in Dover. Sussex County deeds are recorded in Georgetown. Each county has different recording requirements and fees.

What is the RTT TAX form and is it required?

The RTT TAX form (formerly Form 5402, the Realty Transfer Tax Return) is required for all conveyances in Delaware. Both the grantor and grantee must sign it. It must be submitted at recording. If the transfer is exempt from realty transfer tax under 30 Del. C. § 5401(1), the specific exemption subsection must be cited on the form.

What is the Delaware realty transfer tax?

The Delaware realty transfer tax is typically 4% of the property value — 2.5% state tax plus 1.5% local tax. However, local rates can vary. The City of Wilmington has its own transfer tax rate. Confirm the applicable rate with the county recorder before recording. Certain transfers are exempt under 30 Del. C. § 5401(1), including transfers between spouses.

What are dower and curtesy rights in Delaware?

Delaware law preserves limited dower and curtesy rights for spouses under 25 Del. C. §§ 310 and 104-106. If the grantor is married, a spouse signature may be required to fully release these rights. Our form includes an optional dower/curtesy release section. Consult a Delaware attorney if you are unsure whether a spouse signature is required for your specific transfer.

What is the APN / Tax Parcel ID and where do I find it?

The APN (Assessor's Parcel Number) or Tax Parcel ID is a unique identifier for the property in the county tax records. It is required on Delaware deeds under 9 Del. C. § 9605(f). You can find it on your property tax bill, the county assessor's website, or your existing deed. Kent County requires the full 25-character APN code.

What vesting options are available for multiple grantees?

Delaware grantees may hold title as Tenants in Common or as Joint Tenants with Right of Survivorship. Joint tenancy must be stated explicitly in the deed — if the deed is silent, Delaware law defaults to tenants in common under 25 Del. C. § 701. Our form prompts for vesting selection whenever two or more grantees are added.

What to Bring When Recording Your Delaware Quitclaim Deed

Before you go to the county recorder's office, confirm you have everything on this list. Requirements vary by county.

All Counties

  • 1Completed deed, signed by grantor and acknowledged before a notary public
  • 2RTT TAX form — signed by both grantor AND grantee; required for all conveyances unless exempt under 30 Del. C. § 5401(1)
  • 3Realty transfer tax payment: typically 4% total (2.5% state + 1.5% local); confirm local rate with county recorder
  • 4If transfer is exempt, cite the specific 30 Del. C. § 5401(1) subsection on the RTT TAX form

New Castle County — Additional Requirements

  • 1New Castle County Realty Tax Affidavit
  • 2If property is within City of Wilmington limits: Wilmington Transfer Tax Exemption Affidavit (or Wilmington transfer tax payment)

Kent County — Additional Requirements

  • 1New Property Owner Information Form (mandatory for all Kent County transfers)
  • 2Verify full 25-character APN code appears on deed (example: 1-00-00000.000-0000-000.000)

Sussex County — Additional Requirements

  • 1Sussex County Affidavit of Realty Transfer Tax

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