Arizona Quit Claim Deed Form
The Arizona Quit Claim Deed is a document used for transferring interest in a property. It is entered into by two (2) parties: a “grantor,” who owns a property that they are looking to relinquish ownership of, and a “grantee,” who is the party the property will be transferred to. It is vital to note that the type of deed does not contain covenants of title, meaning that it does not warrant what is termed “a good title.” In other words, unlike a warranty deed, a quitclaim deed cannot legally convey to the grantee that the property is entirely free of claims from outside parties.
- Name and address (§ 33-401(C)): The grantee’s name and address must be evident on the form.
- State and country of business (§ 33-401(C)): The state in which the grantee is “incorporated, organized, licensed, chartered or registered” must be stated on the form. Moreover, the country in which they are chartered or formed must also be stated.
- Trustee information (§ 33-404): If a) the deed describes the grantee as a trustee, b) the grantee acts as a trustee, or c) the grantor holds title to the property as a trustee, the form must state:
- The names plus addresses of the beneficiaries for whom the grantee and/or grantor holds/held title, and
- The trust or other agreement under which the grantee and/or grantor is acting or “refer by proper description to the document number or the docket and page of an instrument or other writing which is of public record in the county in which the property so conveyed is located in which such matters are disclosed.”
- Signing requirements (§ 33-401(B)) – The grantor is legally-obligated to sign the Deed, of which must be duly acknowledged before an officer, such as a Notary Public, who has the authority take acknowledgments.
- Additional mandatory document (§ 11-1134): If the property being transferred or gifted involves a payment, an Affidavit of Property Value (DOR Form 82162).pdf must be completed. The form must then be attached to the deed.
How to File
All deeds must be filed with the County Recorder’s Office in the county the property is located. It should be kept in mind that the Recorder’s Office will charge a fee for recording the deed.
It is vital that efforts are made to record the deed, as not doing so will lead to substantial complications if there are future claimants to the land.
To quote § 33-411(A):
“No instrument affecting real property gives notice of its contents to subsequent purchasers or encumbrance holders for valuable consideration without notice, unless recorded as provided by law in the office of the county recorder of the county in which the property is located.”
In short, if an innocent party files a deed without the knowledge that another party has executed a conveyance regarding the same property because they did not have notice of this fact, their claim to the property will succeed.