What Is an Arizona Quitclaim Deed?
An Arizona quitclaim deed is a legal document used to transfer property from the grantor to the grantee. However, it doesn’t make promises about the condition of the title or confirm that the grantor actually owns the property. It’s most beneficial to use in transfers between family members or in divorce proceedings. It may also be used to put a property in a trust or remove a family member from a deed.
Once executed properly, an Arizona quitclaim deed does not expire. It’s valid indefinitely unless one party proves that the deed was forcibly signed or otherwise cannot be legally upheld.
What to Include in an Arizona Quitclaim Deed
AZ Rev Stat § 33-402 outlines the language necessary to quitclaim property. Your quitclaim deed should include phrasing that’s substantially similar to the following:
I hereby quit claim to A.B. all my interest in the following real property.
Other key elements of your Arizona quitclaim deed include the following:
- Grantor’s and grantee’s names and addresses
- Document preparer’s name and address
- Amount of consideration paid for the transfer of property
- Legal description of the property
The legal description must be the exact one that appears on the previous deed to the property. Any mistakes or errors may invalidate the deed.
Note that the legal description may appear on the back of your AZ quitclaim deed or on a second page. If the current deed says “See Exhibit A” and you do not have Exhibit A, there may be a page missing from your deed.
What If a Trust Is Involved?
If property is being quitclaimed to or from a trust, the deed must include the name of the trust, the trust beneficiaries, and the recording information of the certificate of trust.
Sample Arizona Quitclaim Deed
Below, you can see what a sample Arizona quitclaim deed looks like. You can customize this template by using our guided form and then download it in PDF or Word format.
Formatting Requirements for Quitclaim Deeds in Arizona
Your Arizona quitclaim deed must meet the following formatting requirements per AZ Rev Stat § 11-480:
- Two-inch margin at the top of the first page
- Half-inch margins on subsequent pages
- Letter-sized paper (legal size may be used; no larger than 8.5″ wide by 14″ long)
- 10-point font
- A caption or title stating the type of document, such as “QUITCLAIM DEED”
- Legible enough to make certified copies
If the quitclaim deed will modify a previously recorded one, you must mention the recording details of the original document.
How to File a Quitclaim Deed in Arizona
Filing a quitclaim deed in Arizona is a simple process when you know the steps. Completing the form correctly and recording it on time helps protect your ownership rights and ensures the transfer is official.
Step 1 – Obtain the Proper AZ Quitclaim Deed Form
Use a proper template to ensure all fields are properly completed. Legal Templates has a downloadable form so you can complete a legally binding Arizona quitclaim deed.
Step 2 – Fill Out the Form
Ensure your document contains the vesting language, legal description, parties’ names and addresses, and sale price, if any. Double-check for accuracy before going on to the next step.
Make sure the legal description of the property matches the one shown on the original deed.
Step 3 – Gather Additional Documents
If the property is being sold for value, an Affidavit of Property Value (Form 82162) may need to be attached to the quitclaim deed. Quitclaim deeds for gifts (no monetary value) or nominal amounts skip the Affidavit of Property Value, but the deed itself must clearly state the exemption (AZ Rev Stat § 11-1134).
Step 4 – Sign and Notarize the Deed
Per AZ Rev Stat § 33-401, the grantor must sign the Arizona quitclaim deed before a notary public. While not required, the grantee may also sign it for added legitimacy.
Step 5 – Record the Deed
Find your Arizona county recorder’s office to get started with the recording process. You should record your AZ quitclaim deed as soon as possible where your property is located, whether in Maricopa County or another county (AZ Rev Stat § 11-468).
The grantee keeps the original document. The grantor should receive a copy for their records.
How Much Does It Cost to File a Quitclaim Deed in Arizona?
Knowing the filing fees and potential tax impacts for an Arizona quitclaim deed can help you plan ahead and avoid unexpected costs during the property transfer process.
Filing fees are assessed by each county recorder’s office. Check your recorder’s website or consult a property attorney about what the recording fee will be before sending in any documents.
Arizona does not have any transfer or documentary tax for quitclaim deeds. However, you may be responsible for the following taxes:
- US Gift Tax: The federal gift tax is imposed (Form 709) when property is transferred between individuals without compensation. The tax applies to the value of the property at the time of the transfer, regardless of whether the transfer is meant to be a gift. Generally, the grantor pays the gift tax if the gift exceeds the annual exemption amount, but the grantee may pay if the parties agree.
- Capital Gains Tax: If the property is quitclaimed for little or no value, the recipient takes over the original owner’s tax basis. If the property later increases in value and is sold, capital gains tax may be owed on the difference between the original purchase price (or adjusted basis) and the sale price. The gain may be subject to federal capital gains tax and Arizona state income tax, since Arizona taxes capital gains as ordinary income.
