A grant deed is a legal document used to sell or transfer ownership of a real property from one party to another. By literally “granting” property title to another, the grantor confirms that they haven’t sold or conveyed the property to anyone else, and the property isn’t saddled by encumbrances as far as they know (learn more about different types of encumbrances below). Keep in mind that a grant deed doesn’t have to spell out these guarantees in the text itself—they are implied.
Quick Facts about Grant Deeds
- One of the most common types of property deeds in the U.S
- The standard form of property transfer in California, Arizona, and several western states
- Also known as a limited warranty deed, covenant deed, or special warranty deed
- Usually a one-pager containing: Names of grantor and grantee; Property description; Legal wording (“hereby grants and conveys”); Signatures and notarization
What We Offer
A 100% customizable document containing specific legal & transactional elements essential for the validity of a grant deed. Use our premade template with sections & checkboxes to add required information & signatures to execute a property transfer correctly.
Remember, drafting a grant deed requires the use of precise legal language and specific phrases. While our pre-formatted template does most of the work for you, make sure you run the final document by a professional attorney to ensure compliance with state laws, which may require the use of particular formats or wordings.
A Step-by-step Guide to Using our Premade Grant Deed Template
Here’s a quick, user-friendly guide to our print-ready Grant Deed template. You can use our 100% editable document to easily & effectively process a property sale or transfer anywhere in the U.S.:
Grantor details
A grantor is the person selling or transferring the property. Accurately identify the grantor to avoid any future legal disputes about who is doing the ‘granting’…
- Insert full legal name, as appears on official ID documents such as a passport or a driver’s license
- Specify whether the grantor is an individual or a legal entity—say, a corporation, partnership, or charitable trust. If it’s a legal entity, include the state of registration or incorporation to avoid confusion if two companies have the same names but are registered in different states.
- Include their current postal address. This ensures proper documentation and allows for all formal communications & notices to be sent to the right address.
Ownership of a real estate object can take several forms depending on how many people own it and how ownership rights are divided or transferred. Use this space to describe the grantor’s current ownership status. For example, the grantor may be exercising their rights as:
- As a single man or woman
- As joint leaseholders
- As executor of a deceased person’s estate
- As a trustee
- As a business partnership
Grantee details
Grantee is the person to whom the property is being sold or transferred. The grantee usually pays financial compensation in exchange for acquiring ownership rights; however, in some cases, the transfer may occur as a gift or under other, non-monetary terms. For instance, a parent might transfer property to a child without expecting any payment in return, or a property may be conveyed as part of a business deal.
Add the same personal details about the grantee as you did for the grantor, to avoid confusion or dispute about who the property title & rights are being transferred to.
Property details
Just like any other real estate transaction, a grant deed must clearly describe the property being sold or transferred.
That means adding the exact postal address (street number, building or unit number, etc.) to indicate where the property is physically located (including which state and country). Don’t forget to add the zip code too! All this information is crucial for the purpose of mailing notices and creating county records.
For larger or more complex parcels of land, you can add extra details such as geographic coordinates, property boundaries, and sewer lines to avoid any future disputes over the property’s exact location or boundaries. In some cases, the deed may list the property tax assessor’s parcel number (APN).
Remember, a higher level of detail ensures the property’s legal description is precise so it can be easily identified in official records.
What are encumbrances?
Encumbrances tied to a specific property may refer to any legal or financial barrier preventing a new buyer from exercising full title or legal ownership rights, such as:
- Undisclosed heirs of a previous owner
- A missing deed in the ownership history
- Unpaid taxes
- Hidden liens
- Boundary disputes
- Forged signatures in the chain of title
Encumbrances result in a defective title and depreciate the property’s value. The result? New owners can’t fully exercise ownership rights until the title is made good. For that, a title insurance company may have to step in to resolve the defect, clear the lien, or compensate the owner for the loss in value.
Signatures
This section of the template provides space for the grantor to sign and date the deed, making it legally binding & enforceable in a court of law. Note that the grantor’s signature is mandatory.
But depending on your state’s laws, the grantee’s signature may also be required. For that, simply copy/paste the signature fields and add the grantee’s dated signature using an editable version of the file.
Witness signatures
Space is provided for two witnesses to sign the deed. In some states, the signing of a grant deed must be done in the presence of witnesses. The number of witnesses required can vary: some states require two, while others require just one or none at all.
To ensure compliance with state-specific requirements for witness signatures, it’s best to consult a real estate attorney or browse online to figure out the most updated legal requirements in your state or locale.
Notarization section
As with most legal contracts, notices & official forms, you may be required to notarize the deed once signed.
For those who don’t know, notarization is the process of signing a document in the presence of a Notary Public, who then adds their signature and official seal/stamp after confirming the grantor’s identity and verifying their consent. The notary public must also verify that the signatures are authentic and not forged by personally witnessing the grantor sign the deed.
Keep in mind that different states have different rules in terms of notarization rules. While most US states, such as Florida, California, Indiana, and Missouri, require a grant deed to be notarized, other states, such as Ohio, have no such legal requirement.
So you must make sure that you are familiar with the notarization laws and procedures in the state where the property is located.
What’s Next?
Once a deed has been notarized, many states also require the deed to be filed with the county clerk in the county where the property lies. This is done in exchange for a nominal fee. The goal is to create an official public record of the transfer of ownership, give public notice, and prioritize the grantee’s claim of ownership.
Calculating taxes & tax exemptions
This part of the grant deed is about taxes, including how tax is calculated, and whether any exemptions apply to the transfer.
Note that the phrase“FOR AND IN VALUABLE CONSIDERATION, the receipt and sufficiency of which are hereby acknowledged” – is a standard legal requirement in most U.S states. It means the person (Grantor) selling or transferring the property is confirming that they have received something of value in exchange for the property.
Documentary transfer tax
Usually paid when transferring property. The exact amount depends on the value of the property. You’ll need to fill in the amount of Documentary Transfer Tax that is due. This is usually calculated as a % of the property’s sale price.
City transfer tax
Some cities may have their own additional transfer tax, which is separate from the documentary transfer tax (which is a state-level tax). Fill in the exact due amount in the space provided.
Now, check the relevant box, as applicable to your situation:
- “Computed upon the full consideration paid for the conveyance of the Property”: This means the taxes are calculated based on the full sale price of the property. For example, if the house is sold for $100,000, the tax would be calculated on that full amount.
- “Computed upon the full value, less the value of liens and encumbrances remaining on and assumed with the Property”: Check this option if there are any outstanding debts (like a mortgage or lien) on the property; the taxes will be based on the value of the property minus those debts. For example, if the property is worth $100,000 but there’s a $20,000 mortgage, the taxes will be calculated based on $80,000.
- “The Property is exempt from documentary transfer tax with R&T Code ________________________________.”: In some cases, the property may be exempt from paying this transfer tax. This could be because the transfer falls under special rules or exemptions (for example, if the transfer is between family members). If this applies, you would check this box and include the specific R&T Code (Revenue and Taxation Code) number that justifies the exemption.
In the next section, fill in the relevant numbers or checkboxes based on your specific situation. If you’re unsure about any of these details, it’s a good idea to ask a professional, such as a real estate agent or attorney, for help.
Section for recorder use only
This pre-standardized section is for use by recorders, land registrars or any other public official responsible for maintaining property records in a specific county or jurisdiction.
Remember, until a deed is recorded, the buyer’s ownership may not be fully protected against third parties.
What does the recorder do?
The recorder’s main duty is to review, index, and archive property documents such as deeds, mortgages, easements, and liens.
Recording provides official public notice of a property transaction. Once a deed is recorded, the world is deemed to have constructive notice that ownership has changed.
Prepared by section
Use this space to identify the person who drafted or prepared the deed document—this detail is often required by state or county law.
This person is usually the seller, an attorney working on their behalf, a title company representative, or a real estate agent.
This step ensures accountability and streamlines communication. If there’s an issue with the document (say, a missing signature or incorrect legal description), the recorder can reach out to this person for clarification.
Returned to section
This line tells you the recorder shall send the original deed document after recording. Once recorded, the deed is stamped, imaged, and mailed back to this address—often the buyer, their attorney, or lender.
What is a parcel number?
APN is a unique ID assigned by the county assessor to track property tax and ownership records. It is sometimes also called a Property Identification Number or Tax Account Number. If you are not sure of the Parcel Number for your property, check your property tax statement, where it is always mentioned.
Grant Deeds: Common Use Cases
A grant deed is one of the most common types of property deeds used in real estate transactions. They are often used to:
- Add or remove a person’s name from a property’s title
- Transfer title or ownership of a property to a trust
- Transfer ownership of a property from a business entity to an individual, or vice versa
- Transfer property to a spouse or family member
- Gift or donate property to a charity or non-profit organization
- Transfer property where no mortgage is involved
Grant Deed vs. Quitclaim Deed vs. General Warranty Deed—What’s the Right Choice for Me?
In terms of buyer protection, a Grant Deed sits somewhere between a Quitclaim Deed and a General Warranty Deed. While it provides more protection than a QuitClaim Deed, which offers no guarantee that the ownership or title is free of defect; it does not offer the same level of protection as a General Warranty Deed, which guarantees that the title is free of defects for the entire history of the property and that the seller will defend the title against anyone who claims an interest, regardless of when the issue arose.
What is guaranteed, however, is a clear title and lack of encumbrances (such as liens or easements)- but only for the time the seller owned the property!
Wrap Up
A grant deed is a legal document used to transfer ownership of real estate, typically between a buyer and a seller, with the implied guarantees that the property is free from any encumbrances or claims while the grantor owned it.
By following the correct procedures, a grant deed plays a vital role in securing property rights and safeguarding the interests of both parties involved in the transaction.
Download our fillable form to ensure a smooth and legally binding property transfer.
For your ease, our form is available in WORD, Google Docs, and PDF formats!
Legal Disclaimer
This template is provided for informational purposes only and does not constitute legal advice. Consult a licensed attorney to ensure the document meets your specific legal needs before using it.
