In Arizona, a person transferring real property can use different types of deeds. An Arizona quitclaim deed can be used if the parties do not need any warranties on the property title.
People use quitclaim deeds to transfer property within families or place property in a trust.
If you want to transfer property in Arizona without including any warranties, you can use an Arizona quitclaim deed form.
Arizona Quitclaim Deed Laws and Requirements
Under Arizona law, a quitclaim deed must contain a legal description of the property, meet certain signing and acknowledgment requirements, and use the correct terminology.
You must record the deed with the County Recorder’s Office and pay the appropriate fees but you will not need to pay a transfer tax.
The Arizona laws governing deeds appear in Title 33, Chapter 4 of the Arizona Revised Statutes. These laws contain all the formal legal requirements for a deed to be valid and enforceable.
The legal description of the property is not the same as the property’s mailing address. The property’s legal description typically includes lot and block as well as a map and plat number, and the surveyor’s description and can usually be found on the property’s prior deed or by contacting the County Assessor’s Office.
For an Arizona quitclaim deed to validly transfer property, Arizona Revised Statutes Section 33-401 requires that grantors sign the deed. The grantor is another name for the person or entity transferring the property. A valid Arizona quitclaim deed form will include a signature line.
Requiring that a document be acknowledged is another way of saying that the signatures on the document must be notarized. Arizona Revised Statutes Section 33-401 requires that a deed be acknowledged by “an officer authorized to take acknowledgments,” also known as a notary public.
According to Arizona Revised Statutes Section 33-402, the following language or similar language can be used in a quitclaim deed:
“For the consideration of ______________, I hereby quit claim to A.B. all my interest in the following real property (describing it).”
Although most states require the payment of a transfer tax when real property is transferred, Arizona does not collect transfer taxes for the transfer of residential real property.
The Arizona Department of Revenue requires the Affidavit of Property Value (Form 82162) to be filed by buyers and sellers of real property unless certain exemptions apply under Arizona Revised Statutes Section 11-1134.
An example of an exemption would be the transfer of residential property between family members with a nominal actual consideration.
Beyond an acknowledgment by a notary public, an Arizona quitclaim deed does not need to be witnessed.
To protect the grantee’s rights to the real property in the future, you should record a quitclaim deed in the Recorder’s Office for the county where the property is located (per Arizona Revised Statutes Section 11-468).
If the quitclaim deed is not properly recorded, then the grantor could sell the property a second time to another purchaser, and Arizona law says the second purchaser would have a better claim to the property than the original grantee.
The county where the property is located will have specific procedures for recording a deed, including fees. Check with the applicable County Recorder’s Office to learn about their fees.
Arizona has specific formatting requirements by Arizona Revised Statutes Section 11-480. These are summarized for your reference below.
- Include a caption stating the nature (i.e., Quitclaim Deed)
- No larger than 8.5” x 14” and no smaller than a 10-point type
- Use at least a two-inch margin on the top of the first page
- Use at least one-half inch margin on all sides
- All signatures must be originals
How to Write and File a Quitclaim Deed in Arizona
Follow the steps below to write and file a quitclaim deed in Arizona.
Step 1 – Obtain Quitclaim Deed Form
Download the appropriate document or use our document builder to create your form.
Step 2 – Fill in Preparer’s Details
Add the name and address of the person preparing the document. This goes in the upper left-hand corner.
Step 3 – Write ‘Return To’ Information
Add the name and address of the person who will receive the deed when the recorder’s office is done. This is typically the buyer, also known as the grantee. This information goes under “After Recording Return To.”
Step 4 – Note Consideration
Add the amount the grantee is paying for the property if any. Write the words, then add the dollar amount numerically after the dollar sign. This goes in the “consideration” space.
Step 5 – Enter Grantor’s Details
Write the grantor’s full name (seller) and the grantor’s address.
Step 6 – Fill in Grantee’s Information
Write the grantee’s legal name followed by the grantee’s address, including county.
Step 7 – Write Property County
Write the county where the property is located. Following this, write the legal description of the property, including the address on the title.
Step 8 – Have Quitclaim Deed Notarized
The grantor must sign in the designated area and a notary must notarize the document.
Step 9 – File Your Arizona Quitclaim Deed
File the deed and any other documents with the Arizona County Recorder’s Office in the county where the property is located. Check with the County Clerk’s office to determine the appropriate recording or filing fees.
Sample Arizona Quitclaim Deed
Below is an example of what an Arizona quitclaim deed looks like.