Free Arizona Quitclaim Deed Form

An Arizona quitclaim deed is a useful tool in transferring property when the parties do not need any title warranties. The document is typically used for property transfer within families or divorce proceedings.

How to File

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 Quitclaim Form

Use a proper template to ensure all fields are properly completed.

Your document must have half-inch margins with a 2-inch margin on the first page, letter-sized paper (legal size may be used), 10-point font, and a caption or title stating the type of document, such as “QUITCLAIM DEED.”

Step 2: Add Property Description

Make sure the legal description of the property matches the one shown on the original deed. You will need this information to fill out your quitclaim form.

Step 3: Complete the Form

Ensure your document contains the vesting language, legal description, grantee’s name and address, and sale price, if any.

Double-check for accuracy before going on to the next step.

Step 4: Sign and Notarize the Deed

Both parties must sign in the presence of the notary. You can usually find notaries at courthouses, large banks, or the county recorder or clerk’s office.

The notary will sign and stamp the document. Don’t forget to bring sufficient personal identification, such as a valid driver’s license or passport, for verification purposes.

Step 5: Record the Quitclaim Deed

The document should be recorded in the county where the property is located. Quitclaim deeds must be recorded within 60 days of the date of the notary’s signature.

The grantee keeps the original. The grantor should receive a copy for their records.

Costs and Fees

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

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.

Taxes

Arizona does not have any transfer or documentary tax for quitclaim deeds.

1. U.S. Gift Tax (Form 709)

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 donor or grantor pays the gift tax, but the grantee may pay if the parties agree.

2. Capital Gains Tax

If the property was quitclaimed for zero value, any appreciation in value may be taxed if or when the property is eventually sold. The difference between the property value at the time of transfer and the value at the time of sale will be used for the capital gains tax.

For instance, a home purchased in the 1970s can be quitclaimed to a child in the 2000s to avoid other taxes, but if the child sells the property in 2024, it will have appreciated substantially.

Arizona Quitclaim Deed Requirements

Arizona law sets specific rules for quitclaim deeds to ensure real property transfers are clear and enforceable. Knowing what information to include helps you avoid delays and complete your transfer with confidence.

Legal Framework

Ariz. Rev. Stat. § 33-401 outlines the legal right for individuals to transfer real property ownership through a quitclaim deed. Here are some key requirements for a valid quitclaim deed in Arizona:

Legal Description

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 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.

Signing

• Per Ariz. Rev. Stat. § 33-401, the grantor must sign in the presence of the notary. Deeds do not need witnesses.
• After signing the deed, it needs to be recorded with the County Recorder’s Office for the transfer to become publicly known and official.

Terminology

The deed must contain language indicating vesting of title in the grantee or grantees. According to Ariz. Rev. Stat. § 33-402, the language should be similar to: “I [grantor] hereby quit claim to [grantee] all my interest in [property] .” The language should be similar to: “I [grantor] hereby quit claim all my interest in [property] to [grantee].”

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. The sale price will be included on the deed, but the sale may need the valuation.

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 (Ariz. Rev. Stat. § 11-1134).

Filing

• Once the document is complete and signed, it should be taken or mailed to the Recorder’s Office in the county where the property is located (Ariz. Rev. Stat. § 11-468).
• If it is mailed, include a self-addressed, stamped envelope for all deeds and copies to be returned.

Validity Requirements

A valid deed must contain all of the correct signatures and language, and in addition, it must meet the formatting requirements according to Ariz. Rev. Stat. § 11-480:

• Caption: The nature of the instrument (e.g., warranty deed, quitclaim deed).
• Legibility: It needs to be an original document clear enough for making certified copies.
• Signatures: The deed must have original signatures (unless otherwise allowed by law).
• Size and font: Be no larger than 8.5″ wide and 14″ long, with a minimum font size of 10 points (for instruments dated after January 1, 1991).

All sides need a half-inch margin, and anything written within that area might not be included in the official record. The first page needs a two-inch top margin for recording information. There’s also a designated space on the first page for the person requesting the recording to include their name and return address.

A separate sheet with the correct margins and document title can be attached if the margins aren’t met. Lastly, documents modifying previously recorded ones must mention the recording details of the original document.

Content Requirements

A valid quitclaim deed must include the following:

• Vesting language that properly transfers ownership of the property from the grantor to the grantee.
• Language describing how multiple owners will hold title to the property — for instance, “as tenants in common” or “as joint tenants with right of survivorship.”
• A valid legal description matching the legal description of the previous deed.
• Signatures of both parties, notary signature, and stamp.
• 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.

Quitclaim Deeds vs. Other Property Transfer Methods in Arizona

Sample Arizona Quitclaim Deed

Below, you can see what a sample Arizona quitclaim deed looks like. You can customize this template by using our document editor and then download it in PDF or Word format.

Frequently Asked Questions