Arizona Quitclaim Deed
Arizona quitclaim deed: no real estate transfer tax (Ariz. Const. art. IX, Section 24). Sign before a notary, record with the county recorder, and append an Affidavit of Property Value. Attorney review available.
Introduction
Arizona is one of the few states where a real estate transfer tax is not just absent but constitutionally forbidden: Ariz. Const. art. IX, Section 24, adopted by voters in 2008 as the Protect Our Homes measure, bars any new tax, fee, or stamp on conveying an interest in real property. So when you record a quitclaim deed in Arizona, you owe no documentary or deed tax on the transfer. A quitclaim deed itself is a document that transfers whatever ownership interest you have in a piece of real estate to someone else, with no promise that your title is good or that you even own it. That is the key difference from a warranty deed, which does promise clear title and lets the grantee sue if the title turns out to be flawed. Because a quitclaim simply passes along whatever interest you hold, people use it for lower-risk transfers between people who trust each other: adding or removing a spouse after a divorce, moving a home into a living trust, or clearing up a title claim. In Arizona the person giving up the interest is the grantor and the person receiving it is the grantee, and the state publishes a statutory quit claim form at A.R.S. Section 33-402. To be valid, the deed must be signed by the grantor and acknowledged before a notary (A.R.S. Section 33-401); no witnesses are required. You then record it with the county recorder of the county where the property sits (A.R.S. Section 33-411), appending an Affidavit of Property Value unless the transfer is exempt (A.R.S. Section 11-1133). Attorney review is available as an option before you sign.
Key Things to Know
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Arizona has no real estate transfer tax. Ariz. Const. art. IX, Section 24, adopted as the 2008 Protect Our Homes measure, constitutionally bars any new tax, fee, or stamp on conveying an interest in real property, so recording a quitclaim deed triggers no documentary or deed tax. What most deeds do need is an Affidavit of Property Value appended at recording under A.R.S. Section 11-1133, unless the transfer is exempt under A.R.S. Section 11-1134 (for example a gift or a no-consideration quit claim).
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A quitclaim deed, sometimes typed as a quit claim deed, transfers only the interest you actually have in the property to the grantee and makes no promise that the title is clear or even that you own anything. A warranty deed, by contrast, guarantees the title, which is why a quitclaim is used mainly between people who already trust each other.
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Record it with the county recorder. Under A.R.S. Section 33-411 an Arizona deed is recorded with the county recorder of the county where the property is located, and many counties accept electronic recording under Arizona's Uniform Real Property Electronic Recording Act (A.R.S. Section 11-487). Recording gives public notice and, because Arizona is a notice state, protects the grantee against a later buyer for value who purchases without notice (A.R.S. Section 33-412).
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You must sign before a notary, and no witnesses are required. A.R.S. Section 33-401 asks only for the grantor's signature and a notarial acknowledgment before an officer authorized to take acknowledgments; it imposes no witness requirement, so that acknowledgment is what makes the deed recordable.
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Arizona has a statutory quit claim form. A.R.S. Section 33-402 sets out short-form language: for the consideration stated, I hereby quit claim to the grantee all my interest in the described property. It conveys only the grantor's interest with no warranty, in contrast to the warranty deed form in the same section that carries covenants of title.
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Arizona codifies the recording format. A.R.S. Section 11-480 requires a deed executed on or after January 1, 1991 to be no larger than 8.5 by 14 inches, use type no smaller than 10 point, keep at least a half-inch margin on every side, and reserve a top margin of at least 2 inches on the first page for the county recorder's recording information.
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Both spouses must sign to convey community property. Arizona is a community-property state, and A.R.S. Section 33-452 makes a conveyance of community real estate invalid unless both spouses execute and acknowledge it. Common quitclaim uses include divorce transfers, adding or removing a spouse, and moving a home into a living trust.
Key decisions before you file
Before you file a Quitclaim Deed in Arizona, a few decisions shape the document: which option to choose and what each one means. The Quitclaim Deed guide walks through them.
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Arizona Requirements for Quitclaim Deed
An Arizona deed must be signed by the grantor and acknowledged before a notary public to be valid and recordable. A.R.S. Section 33-401 requires both the grantor's signature and a notarial acknowledgment; without that acknowledgment the county recorder will not record the deed.
Arizona does not require witnesses to sign a deed. A.R.S. Section 33-401 imposes only a signature and a notary acknowledgment, so notarization, not subscribing witnesses, is the operative formality for a quitclaim deed.
Record the signed, notarized deed with the county recorder of the county where the property is located (A.R.S. Section 33-411). Arizona is a notice state, so recording protects the grantee against a later purchaser for value who buys without notice (A.R.S. Section 33-412).
Arizona imposes no real estate transfer, documentary, or deed tax. Ariz. Const. art. IX, Section 24 constitutionally bars any new tax, fee, or stamp on conveying an interest in real property, so no transfer tax is due when you record a quitclaim deed.
Most Arizona deeds must have an Affidavit of Property Value, on the Department of Revenue form, appended when the deed is recorded (A.R.S. Section 11-1133). This is a recording filing, not a tax, and the county recorder collects a small filing fee for it.
Some transfers are exempt from the Affidavit of Property Value under A.R.S. Section 11-1134, including a quit claim executed for no monetary consideration, a deed of gift, a transfer between spouses, and a transfer creating community property with right of survivorship. Note the exemption code on the face of the deed.
Arizona publishes a statutory quit claim form at A.R.S. Section 33-402: for the consideration stated, I hereby quit claim to the grantee all my interest in the described property. Because it conveys only the grantor's existing interest and uses no words of warranty, it carries no covenant of title, unlike the warranty deed form in the same statute.
Arizona is a community-property state. A.R.S. Section 33-452 makes a conveyance or encumbrance of community property invalid unless both spouses execute and acknowledge it. A quitclaim deed of community real estate signed by only one spouse is ineffective.
Frequently Asked Questions
A quitclaim deed is a deed that transfers whatever interest you have in Arizona real estate to someone else, with no warranty that the title is good. It is often typed as a quit claim deed. Unlike a warranty deed, it makes no promise that you own the property or that the title is free of other claims. Arizona even provides a statutory quit claim form at A.R.S. Section 33-402.
The difference is the promise about title. An Arizona warranty deed guarantees that the grantor owns the property and that the title is clear, and A.R.S. Section 33-402 provides that the statutory warranty form conveys a fee simple with covenants. A quitclaim deed under the same statute conveys only the grantor's existing interest, all my interest, with no covenant or warranty at all, so the grantee takes on the title risk.
Yes. Under A.R.S. Section 33-401 an Arizona deed must be signed by the grantor and acknowledged before a notary public or other authorized officer. Without that notarial acknowledgment the county recorder will not record the deed, and it will not give notice to later purchasers.
In many counties, yes. Arizona adopted the Uniform Real Property Electronic Recording Act (A.R.S. Section 11-487), which lets county recorders accept electronic documents for recording under approved standards. Availability is set county by county, and larger counties such as Maricopa, Pima, and Pinal offer e-recording, generally through an approved submitter platform. Whether you record on paper or electronically, the deed still records with the county recorder of the county where the property is located (A.R.S. Section 33-411).
No. Arizona charges no real estate transfer, documentary, or deed tax, because Ariz. Const. art. IX, Section 24 bars any new tax or fee on conveying real property. What you do owe is a small recording fee, and most deeds must have an Affidavit of Property Value appended at recording under A.R.S. Section 11-1133 unless the transfer is exempt under A.R.S. Section 11-1134.
Yes. A.R.S. Section 11-480 sets the recording format for any deed executed on or after January 1, 1991. It must be no larger than 8.5 by 14 inches, printed in type no smaller than 10 point, and keep at least a half-inch margin on the top, bottom, left, and right. The first page must reserve a top margin of at least 2 inches for the county recorder's recording information. Meeting these rules keeps the deed in the format the county recorder accepts under A.R.S. Section 33-411.
For community property, yes. Arizona is a community-property state, and A.R.S. Section 33-452 makes a conveyance or encumbrance of community real estate invalid unless both spouses execute and acknowledge it. A quitclaim of community property signed by only one spouse is ineffective, so both spouses should sign and be notarized.
No. Under Arizona's statutory quit claim form (A.R.S. Section 33-402) you pass along only 'all my interest' with no words of warranty, so the deed cannot clear a lien, mortgage, or other claim and gives no promise the grantor owned anything. Recording it with the county recorder gives notice but cures no defects, and because Arizona is a notice jurisdiction (A.R.S. Section 33-412) a title search and title insurance, not the deed itself, are what protect a buyer.