Real Estate Deeds: Complete Notarization Guide

Real estate deeds are among the most important documents I notarize as a Pennsylvania notary. Whether you're buying a home, adding a spouse to the title, transferring property to your children, or setting up a trust, the deed is the legal instrument that makes the transfer official. Let me walk you through everything you need to know about notarizing real estate deeds in Pennsylvania.

What Is a Real Estate Deed?

A deed is a legal document that transfers ownership of real property (land, houses, commercial buildings) from one party to another. The person transferring the property is called the grantor, and the person receiving it is the grantee.

Critical fact: In Pennsylvania, ALL real estate deeds MUST be notarized before they can be recorded with the county recorder of deeds. Without notarization and recording, the transfer isn't legally complete.

Types of Real Estate Deeds in Pennsylvania

Pennsylvania recognizes several types of deeds, each serving different purposes:

1. Warranty Deed (General Warranty Deed)

What it is: The grantor guarantees they own the property free and clear, with full rights to sell it, and promises to defend the title against any claims.

When used: Traditional home sales, when the seller is providing the strongest possible guarantee of ownership

Protection level: Highest protection for the buyer - the seller is liable if title problems arise, even from previous owners

Typical language: "Grant, bargain, sell, and convey"

2. Special Warranty Deed

What it is: The grantor guarantees the title was clear during their ownership, but doesn't guarantee against problems from before they owned it.

When used: Corporate transfers, foreclosure sales, estate sales

Protection level: Moderate - seller only warranties against defects that occurred during their ownership

3. Quitclaim Deed

What it is: The grantor transfers whatever interest they have in the property, if any, but makes NO guarantees about the title.

When used:

• Transfers between family members (parents to children, divorcing spouses)
• Adding or removing someone from title (adding spouse, removing ex-spouse)
• Clearing up title issues or correcting errors
• Transferring property into a trust

Protection level: None - buyer gets whatever the seller has, with no guarantees

Important: Quitclaim deeds are perfectly legal and valid, but buyers should understand they offer no warranty. These are safe for family transfers where you trust the other party.

4. Transfer on Death (TOD) Deed

What it is: Pennsylvania allows TOD deeds that automatically transfer property to named beneficiaries when you die, without going through probate.

When used: Estate planning - keeping property out of probate while maintaining full control during your lifetime

Benefits:

• Avoids probate (faster, less expensive)
• You retain full ownership and control until death
• Can be revoked or changed at any time
• Beneficiary has no rights until your death

Note: TOD deeds must follow specific Pennsylvania statutory language. Consult an attorney for proper preparation.

5. Correction Deed (Deed of Confirmation)

What it is: Corrects errors in a previously recorded deed (misspelled names, wrong legal descriptions, missing information).

When used: Fixing mistakes without having to completely redo the original transaction

Requirements: Should reference the original deed by recording information (book and page number or instrument number)

What Must Be Included in a Pennsylvania Deed?

For a deed to be valid and recordable in Pennsylvania, it must contain:

• Grantor's name (exactly as it appears on current title)
• Grantee's name (person receiving the property)
• Legal description of the property (metes and bounds, lot and block, or other official description)
• Consideration (amount paid, or "love and affection" for family transfers)
• Granting language ("grant and convey" or similar)
• Grantor's signature
• Notarization (acknowledgment of the grantor's signature)
• Property address (required by some counties)

Who Must Sign the Deed?

The grantor (current owner) must sign. If multiple people own the property, all owners must sign the deed.

The grantee (new owner) does NOT sign. The deed is a gift or sale from the grantor to the grantee - the grantee simply accepts ownership by recording the deed.

Example: If John and Mary Smith own a house together and are selling to Bob Johnson, both John and Mary must sign, but Bob does not sign.

The Notarization Process for Deeds

When you come to me for deed notarization, here's what happens:

Step 1: Verify Identity

All grantors (current owners signing the deed away) must present valid government-issued photo ID. If ownership is held jointly, both/all owners must be present with their IDs.

Step 2: Confirm Understanding and Willingness

I'll confirm that you understand you're transferring property and that you're doing so willingly without coercion.

Step 3: Sign in My Presence (or Acknowledge Prior Signature)

For deeds, Pennsylvania law allows two options:

• You can sign the deed in my presence, OR
• You can sign it beforehand and then acknowledge to me that you signed it

Most people sign in my presence for simplicity, but either method is valid.

Step 4: Complete the Acknowledgment

I'll complete the notarial certificate (the acknowledgment), sign my name, and apply my official notary seal. This is what makes the deed recordable.

What to Bring to Your Deed Notarization

Make sure you have:

• Valid photo ID for all grantors (all current owners who are signing)
• The completed deed with all information filled in EXCEPT signatures
• Property information (if you're unsure the deed is correct, bring the current deed for reference)
• All co-owners if the property is jointly owned

After Notarization: Recording the Deed

Notarization makes the deed legally valid, but the transfer isn't complete until the deed is recorded with your county recorder of deeds office.

Recording process:

• Take or mail the notarized deed to your county recorder of deeds
• Pay recording fees (typically $50-$150 depending on the county and number of pages)
• The recorder stamps the deed with the recording date, book, and page number
• The deed becomes part of the public record
• You receive the recorded deed back (usually within 2-4 weeks)

Important: Recording creates public notice of the ownership change. Unrecorded deeds are risky - someone could record a conflicting deed, or creditors of the grantor could put liens on the property.

Common Deed Situations I Help With

Adding a Spouse to the Title

When you get married, you might want to add your spouse's name to your house. This is typically done with a quitclaim deed where you (current owner) transfer the property to yourself AND your spouse as joint tenants.

Note: If you have a mortgage, check with your lender first - adding someone to title might trigger the due-on-sale clause.

Removing an Ex-Spouse After Divorce

Divorce decrees often require one spouse to transfer their interest in the marital home to the other. This is done with a quitclaim deed from the departing spouse to the remaining spouse.

Bring: Your divorce decree and settlement agreement so I can confirm this transfer is allowed.

Transferring Property to Children

Parents often transfer property to adult children for estate planning. This can be done with a warranty or quitclaim deed.

Warning: Gifting property has tax consequences and may affect Medicaid eligibility. Consult an attorney and tax professional first.

Transferring Property Into a Trust

If you've created a revocable living trust for estate planning, you need to transfer your real estate into the trust's name. This is typically done with a quitclaim deed from yourself (as individual) to yourself (as trustee of your trust).

Bring: A copy of your trust or at least the first page showing the trust name and date.

How Much Does Deed Notarization Cost?

Pennsylvania allows notaries to charge up to $5 per signature. As a mobile notary:

This does NOT include county recording fees - those are separate and paid directly to the recorder of deeds.

Can I Notarize My Own Deed or Have a Family Member Notarize It?

No. Pennsylvania law prohibits notaries from notarizing documents in which they have a financial or beneficial interest. You cannot notarize:

• Your own signature
• A deed you're a party to (grantor or grantee)
• A deed where you stand to benefit

Even if your spouse or child is a notary, they cannot notarize your deed if they would inherit or benefit from the transaction.

Do I Need an Attorney to Prepare a Deed?

Pennsylvania doesn't require attorney involvement for deed preparation, but I strongly recommend consulting an attorney for:

• Complex title issues
• Transfers involving significant property value
• Estate planning transfers
• Divorce-related transfers
• Business entity transfers

An improperly drafted deed can create title problems, tax issues, or unintended consequences. The attorney fee is usually worth the peace of mind.