Cherokee County Quitclaim Deed (Individual Grantor by Attorney-in-Fact) Form

The name on the signature line of this deed is not the grantor's. The Alabama Quitclaim Deed (Individual Grantor by Attorney-in-Fact) is drafted for an individual owner of record whose deed is signed by an agent under a power of attorney. The owner is the grantor and the owner's interest is what moves; the person holding the pen signs in a stated capacity, parts with nothing personally, and takes nothing under the deed. No covenant of title travels with the release.

Quitclaim is a word the power of attorney statute prints

Alabama did not leave agency authority over land to inference. Ala. Code Section 26-1A-204(a)(2), in the Alabama Uniform Power of Attorney Act, lists what general real property authority lets an agent do, and the verb quitclaim sits in that list beside sell, exchange, convey with or without covenants, and encumber. The subsection opens with words carrying as much weight as the list, unless the power of attorney otherwise provides, so a limit in the owner's own document outranks the statutory catalog.

Configured for one owner, one agent, one grantee

Section 1 takes the owner of record's name, address, and marital status. Section 2 takes the individual who signs, the date the owner signed the power of attorney, and its recording reference. Section 10 carries one signature line captioned for the attorney-in-fact, and one certificate closes it. An owner whose durable power of attorney was signed years earlier and whose agent now completes a release the owner arranged, and an owner deployed on military assignment who signed a power of attorney before leaving, present the agency pattern this deed recites. The form is not set up for two owners of record, for co-agents acting jointly under Ala. Code Section 26-1A-111, for a company or trust grantor, or for an owner signing in person.

Two limits the deed prints in capital letters

Agency authority has edges, and this deed puts two of them on the paper. Under Ala. Code Section 26-1A-201(b), an agent who is not an ancestor, spouse, or descendant of the principal may not create an interest in the principal's property in the agent unless the power of attorney expressly says otherwise, which reaches a deed running from the owner to the agent. Under Ala. Code Section 26-1A-110(a), the authority ends at the principal's death, on revocation, on an expressed termination, or when its purpose is done. The homestead assent rule of Ala. Code Section 6-10-3 is printed the same way, this configuration carrying no spouse block.

A certificate written for a signer acting in a capacity

Ala. Code Section 35-4-20 contemplates a land conveyance signed at the foot by the contracting party or an authorized agent, the doorway an attorney-in-fact uses. The closing certificate matches that signature: among the substantial forms of Ala. Code Section 35-4-29 sits a representative capacity version, under which the officer certifies that the person whose name as the stated capacity is signed to the conveyance executed it in that capacity on the day it bears date. Its wide blank takes the signer's name with the capacity, and no witness line appears, acknowledgment having answered the attestation rule of Section 35-4-23.

The second instrument at the probate counter

A deed signed by an agent rarely travels alone. Ala. Code Section 35-4-28 lets an instrument conferring authority to convey property be acknowledged and recorded in the same manner as a conveyance, which is why Section 2 has a blank for its recording data. That section is permissive, and each probate office publishes its own intake terms. Ala. Code Section 26-1A-302 supplies an agent's certification format, prepared separately and not included here. The deed goes to the judge of probate where the land sits, where the Ala. Code Section 40-22-1 deed tax is computed on the value conveyed and Alabama's sales value information is taken on Form RT-1. First page stamp space and the preparer endorsement of Ala. Code Sections 35-4-110 and 35-4-113 come built into the layout.

Shoppers reach this Alabama quitclaim deed as a quit claim deed, a quick claim deed, or a power of attorney deed. Three files download: the blank fillable PDF, a completed example on a Morgan County release, and a guide walking Section 2's authority blanks and the capacity certificate with every other entry. Alabama law is described here in general terms and never applied to anyone's facts, so none of this is legal advice; an Alabama attorney can weigh one power of attorney and one title against it.