Types of Deeds in Real Estate
Real estate is one of the largest financial investments a person can make. Unfortunately, many people don’t understand the deeds that govern these purchases. To remedy that, we’ve put together this guide to the various types of property deeds and how they impact asset protection.
- What Are Deeds?
- Types of Real Estate Deeds by State
- Types of Deeds Used for Real Estate
- The Value of Deeds in Real Estate Asset Protection
What Are Deeds?
Deeds are legal documents that transfer a property’s title from one party to another. They must be made in writing and registered as a matter of public record to be considered legally binding. People usually record them at the county recorder’s office in the county where the property is located.
Each state has distinct deed creation requirements. However, certain standards are consistent across the majority of U.S. counties:
- The grantor of the deed must have the legal right to transfer the property. They should also be legally competent to issue a contract.
- The deed must be in writing.
- The deed must identify both the grantor and the grantee (the parties).
- The grantor or grantors need to sign the deed, usually in front of a notary public.
- The grantor must clearly identify the property.
- The deed should include all state- and county-required legal terms.
- The deed must be legally delivered to the grantee or their representative.
- The deed must be accepted. Once recorded in the county recorder’s office, the deed is presumed delivered and accepted.
Once those requirements are met, you can read the following list to see what deed types your state allows.
Types of Real Estate Deeds by State
| State | Types of Deeds |
| Alabama | General Warranty, Quitclaim Deed, Statutory (Special) Warranty Deed, Life Estate Deed, Gift Deed, Grant Deed, Interspousal Transfer Grant Deed, Easement Deed |
| Alaska | Warranty Deed, Special Warranty Deed, Quitclaim Deed, Transfer on Death (Beneficiary) Deed , Gift Deed, Grant Deed, Interspousal Transfer Grant Deed , Easement Deed |
| Arizona | Warranty Deed, Special Warranty Deed, Quitclaim Deed, Transfer on Death (Beneficiary) Deed, Quitclaim Deed, Life Estate Deed, Gift Deed, Grant Deed, Trustee Deed,, Easement Deed |
| Arkansas | Warranty Deed, Special Warranty Deed, Quitclaim Deed, Transfer on Death (Beneficiary) Deed, Gift Deed, Grant Deed, Easement Deed |
| California | Warranty Deed, Quitclaim Deed, Grant Deed, Life Estate Deed, Transfer on Death (Beneficiary) Deed, Trustee Deed, Gift Deed, Special Warranty Deed, Easement Deed |
| Colorado | Warranty Deed, Special Warranty Deed, Quitclaim Deed, Bargain and Sale Deed, Transfer on Death (Beneficiary) Deed, Trustee Deed, Gift Deed, Special Warranty Deed, Easement Deed |
| Connecticut | Warranty Deed, Quitclaim Deed, Special Warranty Deed, Trustee Deed, Grant Deed, Gift Deed, Easement Deed |
| Delaware | Warranty Deed, Special Warranty Deed, Quitclaim Deed, Gift Deed, Easement Deed, Trustee Deed, Grant Deed |
| District of Columbia | Warranty Deed, Special Warranty Deed, Quitclaim Deed, Transfer on Death (Beneficiary) Deed, Easement Deed |
| Florida | Warranty Deed, Special Warranty Deed, Quitclaim Deed, Life Estate Deed, Florida Lady Bird Deed, Easement Deed, Trustee Deed |
| Georgia | Warranty Deed, Special Warranty Deed, Quitclaim Deed, Gift Deed, Trustee Deed, Grant Deed, Easement Deed, Trustee Deed |
| Hawaii | Warranty Deed, Special Warranty Deed, Quitclaim Deed, Transfer on Death (Beneficiary) Deed, Gift Deed, Easement Deed, Trustee Deed |
| Idaho | Warranty Deed, Special Warranty Deed, Quitclaim Deed, Gift Deed, Grant Deed, Easement Deed, Trustee Deed |
| Illinois | Warranty Deed, Special Warranty Deed, Gift Deed, Transfer on Death Instrument, Trustee Deed, Grant Deed, Easement Deed |
| Indiana | Warranty Deed, Special Warranty Deed, Quit Claim Deed, Life Estate Deed, Transfer on Death (Beneficiary) Deed, Grant Deed, Gift Deed, Easement Deed |
| Iowa | Warranty Deed, Special Warranty Deed, Quitclaim Deed, Gift Warranty, Grant Deed, Easement Deed, Trustee Warranty Deed |
| Kansas | Warranty Deed, Special Warranty Deed, Quitclaim Deed, Transfer on Death (Beneficiary) Deed, Gift Deed, Grant Deed, Easement Deed |
| Kentucky | Warranty Deed, Special Warranty Deed, Quitclaim Deed, Gift Deed, Grant Deed, Easement Deed |
| Louisiana | Warranty Deed, Special Warranty Deed, Quitclaim Deed, Gift Deed, Grant Deed, Easement Deed |
| Maine | Warranty Deed, Quitclaim Deed, Covenant Deed, Easement Deed, Trustee Deed, Gift Deed, Grant Deed |
| Maryland | Warranty Deed, Quitclaim Deed, Gift Deed, Special Warranty Deed, Grant Deed, Easement Deed, Trustee Deed |
| Massachusetts | Warranty Deed, Quitclaim Deed, Quitclaim Deed with Covenants, Gift Deed, Easement Deed, Trustee Deed |
| Michigan | Warranty Deed, Quitclaim Deed, Life Estate Deed, Gift Deed, Grant Deed, Easement Deed |
| Minnesota | Warranty Deed, Limited Warranty Deed, Quitclaim Deed, Transfer on Death (Beneficiary) Deed, Trustee Deed, Easement Deed, Gift Deed, |
| Mississippi | Warranty Deed, Special Warranty Deed, Grant Deed, Easement Deed, Trustee Deed, Gift Deed |
| Missouri | Warranty Deed, Special Warranty Deed, Quitclaim Deed, Life Estate Deed, Transfer on Death (Beneficiary) Deed, Easement Deed, Trustee Deed |
| Montana | Warranty Deed, Special Warranty Deed, Quitclaim Deed, Gift Deed, Grant Deed, Easement Deed, Beneficiary Deed, Trustee Deed, Transfer on Death (Beneficiary) Deed |
| Nebraska | Warranty, Special Warranty, Grant Deed, Easement Deed, Quitclaim Deed, Transfer on Death (Beneficiary) Deed, Trustee Deed |
| Nevada | Warranty Deed, Special Warranty Deed, Gift Deed, Grant Deed, Easement Deed, Transfer on Death (Beneficiary) Deed |
| New Hampshire | Warranty Deed, Special Warranty Deed. Gift Deed, Grant Deed, Easement Deed |
| New Jersey | Warranty Deed, Special Warranty Deed, Quitclaim Deed, Gift Deed, Grant Deed, Bargain and Sale Deed, Easement Deed, Trustee Deed |
| New Mexico | Warranty Deed, Special Warranty Deed. Grant Deed, Easement Deed, Transfer on Death (Beneficiary) Deed |
| New York | Warranty, Special Warranty Deed, Bargain and Sale Deed with Covenants. Bargain and Sale Deed without Covenants, Easement Deed |
| North Carolina | Warranty Deed, Special Warranty Deed, Gift Deed, Grant Deed, Quitclaim Deed, Easement Deed |
| North Dakota | Warranty Deed, Special Warranty, Grant Deed, Gift Deed, Easement Deed Transfer on Death (Beneficiary) Deed, Trustee Deed |
| Ohio | Warranty Deed, Special Warranty Deed, Limited Warranty Deed, Quitclaim Deed, Grant Deed, Gift Deed, Easement Deed, Trustee Deed, Transfer on Death (Beneficiary) Deed |
| Oklahoma | Warranty Deed, Special Warranty Deed, Grant Deed, Easement Deed, Trustee Deed, Transfer on Death (Beneficiary) Deed |
| Oregon | Warranty Deed, Special Warranty Deed, Bargain and Sale Deed, Easement Deed, Trustee Deed, Transfer on Death (Beneficiary) Deed |
| Pennsylvania | Warranty Deed, Special Warranty Deed, Gift Deed, Grant Deed, Easement Deed, Trustee Deed |
| Rhode Island | Warranty Deed, Special Warranty Deed, Grant Deed, Easement Deed, Trustee Deed |
| South Carolina | Warranty Deed, Special Warranty Deed, Quitclaim Deed, Gift Deed, Grant Deed, Easement Deed, Trustee Deed |
| South Dakota | Warranty Deed, Special Warranty Deed, Quitclaim Deed, Grant Deed, Easement Deed, Gift Deed. Transfer on Death (Beneficiary) Deed, Trustee Deed |
| Tennessee | Warranty Deed, Special Warranty Deed, Grant Deed, Gift Deed, Easement Deed, Quitclaim Deed |
| Texas | Warranty Deed, Special Warranty Deed, Quitclaim Deed, Life Estate Deed, Transfer on Death (Beneficiary) Deed, Lady Bird Deed, Easement Deed, Gift Deed, Grant Deed , Gift Deed, Trustee Deed |
| Utah | Warranty Deed, Special Warranty Deed, Quitclaim Deed, Life Estate Deed, Transfer on Death (Beneficiary) Deed, Easement Deed, Grant Deed, Gift Deed, Trustee Deed |
| Vermont | Warranty Deed, Special Warranty Deed, Gift Deed. Grant Deed, Easement Deed, Trustee Deed |
| Virginia | Warranty Deed, Special Warranty Deed, Quitclaim Deed, Life Estate Deed, Transfer on Death (Beneficiary) Deed, Trustee Deed, Gift Deed, Grant Deed |
| Washington | Warranty Deed, Special Warranty Deed, Bargain and Sale Deed, Special Warranty Deed, Grant Deed, Easement Deed, Trustee Deed, Transfer on Death (Beneficiary) Deed |
| West Virginia | Warranty Deed, Special Warranty Deed, Quitclaim Deed, Gift Deed, Grant Deed, Easement Deed, Trustee Deed, Transfer on Death (Beneficiary) Deed |
| Wisconsin | Warranty Deed, Special Warranty Deed, Grant Deed, Easement Deed, Trustee Deed, Transfer on Death (Beneficiary) Deed |
| Wyoming | Warranty Deed, Special Warranty Deed, Quitclaim Deed, Grant Deed, Easement Deed, Gift Deed, Transfer on Death (Beneficiary) Deed |
Types of Deeds Used for Real Estate
There are several different types of deeds in real estate. Some of the most commonly used are:
Grant Deeds
A grant deed is a document used to transfer property from one party to another. It’s frequently used in standard real estate sales – also known as arms-length sales.
Grant deeds make two guarantees:
- The property hasn’t been sold to anyone else.
- The property isn’t burdened by encumbrances except those the seller has already disclosed to the buyer.
Once a grant deed is completed, the grantor signs it and has it notarized. The completed document can then be recorded with the county as evidence of the property title transfer.
General Warranty Deeds
Warranty deeds are used throughout the States – mainly in Midwestern and Eastern states. They’re like grant deeds but with one extra guarantee.
With a warranty deed, the grantor states that:
- The property has not been sold to anybody else.
- The property is not burdened by any encumbrances apart from those already disclosed to the buyer.
- The grantor will warrant and defend the title against any claims.
In essence, the grantor assures the grantee that the title is free from any defects affecting enforceability. They also promise to protect the buyer against any external claims.
Special Warranty Deeds or Limited Warranty Deeds
Special warranty deeds, sometimes called limited warranty deeds, offer fewer grantee protections than general warranty deeds. This deed type guarantees that no claims were made against the property while the grantor owned it. A special warranty deed makes no guarantees regarding claims made before the grantor owned the property.
Interspousal Transfer Grant Deeds
Interspousal transfer grant deeds, or interspousal transfer deeds, transfer the property title from one spouse to another. This deed type is typically utilized when one partner wishes to add their spouse to a property title they owned before marriage. These deeds are also used to divide property during divorce settlements.
Quitclaim Deeds
Quitclaim deeds transfer any potential claim of ownership. The grantor may or may not be a legal owner; this deed makes no promises in that regard.
In essence, a quitclaim deed says, “I’m not claiming any ownership interest in the property. But whatever interest I do have, I give to you.”
People often use quitclaim deeds during a divorce to deed marital property from one spouse to another. When one partner signs a quitclaim deed, they guarantee they will not attempt to claim the property.
Quitclaim Deeds with Covenants
A quitclaim deed with covenants works the same way as a conventional quitclaim deed, with one exception. Quitclaim deeds with covenants include a warranty stating that no claims were made against the property title while the grantor owned it.
Easement Deeds
An easement deed allows a person other than the property owner to use a portion of that property for a specific purpose. The easement deed agreement specifies where and how the land can be used. An easement deed does not convey any ownership rights to the grantee.
A classic example of an easement deed is one that grants grazing rights. A person with a large plot of land can write an easement deed that allows their neighbor to graze their livestock in a specific area.
Gift Deeds
A gift deed allows a property transfer without a money exchange. In this case, the deed grantor and grantee are referred to as the donor and donee. Donors must be legally solvent to gift real estate.
Transfer on Death Deeds/Beneficiary Deeds
Transfer on death deeds, also known as beneficiary deeds, transfer property upon the owner’s death without the need for probate. Beneficiaries of transfer on death deeds or beneficiary deeds have no rights to the property until the owner has passed away.
Bargain and Sale Deeds
Bargain and sale deeds transfer the title of a property without making any warranties against encumbrances. This deed type is used frequently in tax sales and foreclosures. It is also used for older properties where it is difficult to secure warranties against previous claims on the title.
Bargain and Sale Deed With Covenants
A bargain and sale deed with covenants makes a single warranty that the grantor has not committed any act which would encumber the title of the property. In all other ways, a bargain and sale deed with covenants is the same as a traditional bargain and sale deed.
Trustee Deeds
Trustee deeds transfer the legal ownership of a property, and anything attached to it (e.g., additions, natural resources, water, etc.), from the owner to a third-party trustee. These deeds convey the title of the property without making any warranties or guarantees. Trustee deeds are frequently used in bankruptcy and foreclosure sales.
Life Estate or Lady Bird Deeds
Life estate deeds allow a living person to transfer their property to a beneficiary without fully relinquishing their interest in the property. When the grantor of the life estate deed passes away, the grantee inherits the grantor’s remaining interest in the property.
The Value of Deeds in Real Estate Asset Protection
Ultimately, understanding how deeds work is essential for an effective asset protection strategy. If you use the wrong deed, it could open you up to liability you weren’t prepared for. Whenever possible, work with a lawyer, or better yet, an asset protection planner, to determine which type of deed will best protect your property.
Call Asset Protection Planners for Help Keeping Your Real Estate Safe
No matter your state of residence, there is a surefire way to keep your real estate safe. But to uncover that foolproof method, you need a seasoned pro on your side. That’s exactly what you’ll get when you work with Asset Protection Planners! We’ve helped countless people set up ironclad real estate protection and can do the same for you!
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