Is a quitclaim deed still legal if it was witnessed and notarized but not filed in the recorder's office?

A quitclaim deed, which is a legal document used when one person wishes to surrender interest in shared property, should be filed with the local recorder's office. However, even if it is not filed at the time of signing, or not filed at all, the quitclaim deed is still legal. Recording a deed and filing the document is highly recommended and provides certain protections for the buyer, but it isn't required to make the quitclaim legal.

What are the rules for a quitclaim deed? 

In order for a quitclaim deed to be legally valid, the person surrendering the property, as well as the recipient, are required to sign the document and have it notarized and witnessed. Once this is done, the document is official. Even if the person who surrendered the property passes away in the interim, the buyer may still file the document. The signature of the previous owner will be sufficient. This means that the property became the new owner's property immediately after the quitclaim deed was signed.

Even if time has passed since the document was signed, and even if the previous owner has passed away, the buyer should still take steps to get the quitclaim recorded at the local county offices. Recording a deed provides possible legal protection in the future should the ownership of the property be questioned. This step is highly recommended for simplification purposes, although it won't make any difference legally, provided the owner has the document available as proof if required.

If you need help understanding how to file the papers to make sure that your ownership interest is protected where a quitclaim deed was not recorded, you should strongly consider speaking with a lawyer.