Arizona Warranty Deed

Introduction

Key Things to Know

1. 1

   A warranty deed gives the buyer the strongest title protection. Arizona codifies the form at A.R.S. Section 33-402, where the words I warrant the title against all persons whomsoever set the seller's guarantee to defend clear title.

2. 2

   Arizona codifies a statutory warranty deed at A.R.S. Section 33-402: the grantor conveys the property and warrants the title against all persons whomsoever. The verb convey also carries two implied covenants under A.R.S. Section 33-435, that the grantor has not already conveyed the estate and that it is free from encumbrances.

3. 3

   A general warranty deed warrants against all title defects, including those that arose before the grantor owned the property. A special or limited warranty deed narrows the promise to claims arising by, through, or under the grantor only. Arizona recognizes both; the difference is the scope of the warrant-and-defend clause.

4. 4

   You record the signed deed with the county recorder of the county where the property is located (A.R.S. Section 33-411(A)). Arizona is a notice state, so an unrecorded deed is void against a later good-faith purchaser without notice, which is why you should record promptly (A.R.S. Section 33-412(A)).

5. 5

   The grantor's signature must be acknowledged before a notary before the deed can be recorded (A.R.S. Section 33-401(B)). Arizona does not require subscribing witnesses for a deed, so a proper notarial acknowledgment is what allows the county recorder to record it.

6. 6

   Arizona has no real estate transfer or documentary tax; the state constitution bars any new tax on conveying real property (Ariz. Const. art. IX Section 24). Most deeds must instead have an Affidavit of Property Value appended at recording unless the transfer is exempt (A.R.S. Sections 11-1133 and 11-1134).

7. 7

   If the property is community property, both spouses must sign and acknowledge the deed to convey or encumber it, or the conveyance is not valid (A.R.S. Section 33-452). Confirm how title is held before signing to avoid a defective transfer.

Arizona Requirements for Warranty Deed

• Title Guarantee and Covenants

  A warranty deed guarantees clear title and defends the buyer against claims. Arizona codifies a statutory warranty deed at A.R.S. Section 33-402: the grantor conveys the property and warrants the title against all persons whomsoever. The verb convey also carries the two implied covenants of A.R.S. Section 33-435 (grantor has not already conveyed the estate; it is free from encumbrances). This is the strongest title protection an Arizona seller can give.

• Arizona Codifies a Warranty Deed, Not a Grant Deed

  Unlike California, Arizona does not use a grant deed. A.R.S. Section 33-402 sets out a statutory warranty deed form whose operative words are I hereby convey ... and I warrant the title against all persons whomsoever. Arizona also recognizes a plain conveyance deed and a quitclaim deed, but for a sale where the buyer wants full protection the general warranty deed is the standard Arizona instrument.

• Record with the County Recorder

  Record the signed, notarized deed with the county recorder of the county in which the real property is located (A.R.S. Section 33-411(A)). Arizona is a notice state, so an unrecorded conveyance is void against a later good-faith purchaser for value without notice (A.R.S. Section 33-412(A)). Record promptly to protect your interest.

• Notary Acknowledgment, No Witnesses

  Before recording, the grantor's signature must be acknowledged before a notary or other authorized officer (A.R.S. Section 33-401(B)). An instrument that is not acknowledged is not deemed lawfully recorded. Arizona does not require subscribing witnesses for a deed, so a proper notarial acknowledgment is the recording path.

• No Transfer Tax, but Affidavit of Property Value

  Arizona has no real estate transfer, documentary, or deed tax; the state constitution bars any new tax, fee, or stamp on conveying real property (Ariz. Const. art. IX Section 24). Instead, most deeds must have an Affidavit of Property Value appended at recording (A.R.S. Section 11-1133), unless the transfer is exempt, such as a gift or a transfer between spouses (A.R.S. Section 11-1134).

• Legal Description and Parties

  Identify the grantor and grantee, state the consideration, and include the full legal description of the property (not just the street address or parcel number). Errors in the legal description or in how the grantee takes title are a common and costly source of later title problems, so confirm both against the current vesting deed.

• Both Spouses Join for Community Property

  Arizona is a community property state. A conveyance or encumbrance of community property is not valid unless both spouses execute and acknowledge the deed, with a narrow exception for unpatented mining claims (A.R.S. Section 33-452). One spouse may convey their own sole and separate property alone. Confirm how title is held before signing to avoid a defective transfer.

• General vs Special Warranty: Choosing the Instrument

  Choose the deed to match the protection intended. A general warranty deed warrants title against all persons whomsoever, including claims predating the grantor, and is the standard Arizona sale instrument. A special or limited warranty deed narrows the promise to claims arising by, through, or under the grantor only. A quitclaim gives no covenants. The reason for the transfer usually points to the right one.