When transferring property in Pennsylvania, understanding the difference between a warranty deed vs quit claim deed is essential. These legal documents serve the same basic purpose—transferring ownership of real estate—but offer very different levels of protection for the buyer or recipient.
At Gieg & Jancula, an estate planning and real estate law firm based in Altoona, PA, we often receive questions like:
- Which deed is safer?
- Do I need a warranty deed or a quit claim deed for an estate transfer?
- What are the risks of using a quit claim deed in Pennsylvania?
In this comprehensive guide, we’ll break down the differences between a warranty deed vs quit claim deed, explain how each works in Pennsylvania, and help you determine which is right for your situation.
What Is a Deed?
A deed is a legal document used to transfer ownership of real estate from one party to another. In Pennsylvania, a deed must be properly drafted, signed, and recorded with the county Recorder of Deeds to be legally enforceable.
There are several types of deeds, but the two most common are:
- Warranty Deed
- Quit Claim Deed
Both serve the function of transferring property, but the rights and protections they offer differ significantly.
What Is a Warranty Deed?
A warranty deed, sometimes called a general warranty deed, is the most protective type of deed for the buyer or recipient. When you transfer property using a warranty deed, you’re providing several legally binding assurances:
Key Features of a Warranty Deed:
- Guarantees a clear title: The grantor (person transferring the property) guarantees they legally own the property and have the right to transfer it.
- Promises the title is free of liens or encumbrances: This includes unpaid taxes, judgments, or mortgages unless explicitly noted.
- Protects against future claims: If a title issue arises later (even before the grantor owned it), the grantee can sue for damages under the warranty.
When to Use a Warranty Deed in Pennsylvania:
- Traditional real estate sales between unrelated parties
- Estate planning transfers where legal protection is desired
- Situations involving mortgages or title insurance
Pros of a Warranty Deed:
- Offers maximum protection to the grantee
- Can make resale or financing easier
- Commonly required by lenders and title insurance companies
What Is a Quit Claim Deed?
A quit claim deed offers no guarantees about the property title. It simply transfers whatever ownership interest the grantor may have—if any.
Key Features of a Quit Claim Deed:
- No title warranty or guarantee: The grantor does not promise that they own the property or that the title is clear.
- Used for quick, low-risk transfers: Often used among family members or for removing someone from a deed.
When to Use a Quit Claim Deed in Pennsylvania:
- Transfers between family members, such as gifting property to a child or spouse
- Adding or removing a spouse after marriage or divorce
- Transferring property to a trust or LLC
- Clearing up title issues, such as fixing a name or resolving minor discrepancies
Pros of a Quit Claim Deed:
- Simple and quick to execute
- No title search required
- Lower cost (no title insurance or warranty obligations)
Warranty Deed vs Quit Claim Deed: Key Differences
| Feature | Warranty Deed | Quit Claim Deed |
| Title Guarantee | Yes | No |
| Protection Against Liens | Yes | No |
| Common in Real Estate Sales | Yes | Rare |
| Used for Family Transfers | Sometimes | Often |
| Title Insurance Eligibility | Yes | Often Not Required |
| Risk to Grantee | Low | High |
Risks of Using a Quit Claim Deed in Pennsylvania
While quit claim deeds can be useful, they come with significant risks—especially in Pennsylvania.
- No title protection: If the grantor doesn’t actually own the property or there are hidden liens, the grantee has no legal recourse.
- No warranties or guarantees: You’re accepting the property as is, even if there are ownership disputes or legal issues.
- Limited use in sales: Quit claim deeds are rarely used in arm’s-length real estate transactions in PA, as buyers want full title assurance.
Tip: Only use a quit claim deed when you fully trust the grantor and have verified the title through other means.
Legal Requirements for Deeds in Pennsylvania
To be valid in Pennsylvania, both warranty and quit claim deeds must meet the following requirements:
- Be in writing and signed by the grantor
- Include a legal description of the property
- Clearly identify the grantor and grantee
- Be notarized and recorded in the Recorder of Deeds office in the county where the property is located
- Include a Statement of Value form if the transfer involves a change in ownership
Tax Implications in Pennsylvania
Property transfers in Pennsylvania may be subject to the Realty Transfer Tax, which is 1% at the state level plus an additional local tax that varies by municipality. However, certain quit claim transfers—such as those between family members—may qualify for exemptions.
A qualified estate or real estate attorney can help you determine:
- Whether your deed qualifies for a tax exemption
- How to structure the transfer to minimize tax liability
- If a quit claim deed could trigger unintended tax consequences
How These Deeds Fit into Estate Planning
At Gieg & Jancula, we often help clients decide between using a quit claim deed or a warranty deed as part of their estate planning strategy. Here’s how each can play a role:
Quit Claim Deeds in Estate Planning:
- Fast way to transfer property to children or relatives
- Used to fund a living trust with real estate
- May be used to add a family member to a deed as part of an inheritance strategy
Warranty Deeds in Estate Planning:
- Ensures clean title for beneficiaries
- Used when selling property from an estate
- May be required by a revocable living trust or other estate instrument
Note: Deed transfers during your lifetime may have implications for Medicaid planning, capital gains tax, and future probate issues. Always consult with an estate planning attorney before making any changes to your deed.
FAQs About Warranty and Quit Claim Deeds in Pennsylvania
Do I Need A Lawyer To Create A Deed In Pennsylvania?
While it’s possible to draft a deed yourself, mistakes can be costly. Deeds must meet strict formatting and legal requirements. We highly recommend working with an experienced real estate or estate planning attorney.
Can A Quit Claim Deed Be Challenged In Court?
Yes. Because a quit claim deed offers no title guarantees, issues can arise if the grantor didn’t actually own the property or if the transfer was made under duress or without full consent.
How Long Does It Take To Transfer Property Using A Deed?
Most property transfers in Pennsylvania can be completed in a matter of days once the paperwork is prepared and signed. Recording the deed officially may take several more days, depending on the county.
Does A Quit Claim Deed Avoid Probate?
Not necessarily. Property transferred during life may avoid probate, but only if done correctly. Poorly executed quit claim deeds can create title problems that complicate probate instead of avoiding it.
Get Trusted Legal Help with Property Transfers in Altoona, PA
Whether you’re gifting property to a family member or selling a home as part of an estate, choosing the right deed is crucial. At Gieg & Jancula, we help Pennsylvania residents make smart legal decisions when transferring real estate—safely and efficiently. Our team can:
- Draft and record legally compliant deeds
- Advise on tax and title implications
- Incorporate deed transfers into your estate plan
- Resolve disputes involving unclear or invalid deeds
Call Gieg & Jancula today at 814-946-1606 or fill out our online contact form to schedule a consultation. We proudly serve clients throughout Altoona, Blair County, and the surrounding areas.