Arizona Quit Claim Deed Form
The Arizona Quit Claim Deed is a document entered into by two (2) parties: a “Grantor,” who has an interest in a property that they are willing to relinquish via the execution of this form, and a “Grantee,” who is the party the property will be transferred to. It is vital to note that this type of Deed does not contain covenants of title, meaning that it does not warrant what is termed “a good title.” Simply put, unlike a Warranty Deed, a Quit Claim Deed cannot legally convey to the Grantee that the property is entirely free of claims from outside parties.
Laws (§ 33-402 to § 33-424): Arizona Revised Statutes, Title 33: “Property,” Chapter 4: “Conveyances and Deeds”
Recommended language (§ 33-402): State law provides the following text to offer guidance on the language that may be used in a Quit Claim Deed:
For the consideration of ______________, I hereby quit claim to A.B. all my interest in the following real property (describing it)
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.
How to file a Quit Claim Deed in Arizona (§ 11-468) – 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 Arizona Quit Claim Deed, as not doing so will lead to substantial complications if there are future claimants to the land. § 33-411(A) establishes Arizona as a state that upholds a “notice statute.”
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.
Additional mandatory document (§ 11-1134): If the property being transferred or gifted via a Quit Claim Deed involves a payment, an Affidavit of Property Value (DOR Form 82162) must be completed. The form, provided by the Arizona Department of Revenue, must then be attached to the Quit Claim Deed.