Arizona Warranty Deed
An Arizona warranty deed guarantees clear title and defends the buyer against all claims. Record it with the county recorder. Attorney review available.
Introduction
Arizona writes its warranty deed into statute: under A.R.S. Section 33-402 the words I warrant the title against all persons whomsoever give the buyer the seller's guarantee to stand behind and defend the title against every claimant. That title guarantee is what separates it from a quitclaim deed, which promises nothing and only passes whatever interest the seller happens to have. A general warranty deed protects against every title defect, including ones that arose before the seller owned the property; a special or limited warranty deed covers only problems created during the seller's own ownership. Arizona is one of the states that codifies a warranty deed directly. Under A.R.S. Section 33-402 the statutory warranty form conveys the property and adds the operative words I warrant the title against all persons whomsoever, and the verb convey itself carries two implied covenants under A.R.S. Section 33-435: that the grantor has not already conveyed the same estate to another and that the estate is free from encumbrances. Arizona does not use a grant deed the way California does. You record the signed, notarized deed with the county recorder of the county where the property sits (A.R.S. Section 33-411(A)). DocDraft builds your Arizona deed from your facts, with attorney review available before you record.
Key Things to Know
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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.
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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.
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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.
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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)).
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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.
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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).
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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.
Key decisions before you file
Before you file a Warranty Deed in Arizona, a few decisions shape the document: which option to choose and what each one means. The Warranty Deed guide walks through them.
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Once your Warranty Deed is ready, you can check whether it needs to be notarized in Arizona in about a minute, and notarize it online through DocDraft if it does.
Arizona Requirements for Warranty Deed
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.
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 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.
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.
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).
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.
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.
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.
Does your Warranty Deed need to be notarized in Arizona?
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Check my Warranty DeedFrequently Asked Questions
A warranty deed guarantees the seller holds clear title and will defend the buyer against claims to the property. A quitclaim deed makes no promises at all; it passes only whatever interest the seller actually has. Arizona codifies both forms at A.R.S. Section 33-402: the quitclaim form conveys all my interest with no covenants, while the warranty form adds the words and I warrant the title against all persons whomsoever. The warranty deed is the stronger instrument for a buyer.
A general warranty deed in Arizona guarantees clear title against all claims, including defects that arose before the seller owned the property, and promises to defend the buyer. The statutory warranty form at A.R.S. Section 33-402 uses the words I warrant the title against all persons whomsoever, and the verb convey adds 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. A special warranty deed narrows that promise to claims arising through the grantor.
Arizona uses a warranty deed, not a grant deed. Unlike California, which codifies a grant deed, Arizona codifies a statutory warranty deed at A.R.S. Section 33-402 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 title protection, the general warranty deed is the standard Arizona instrument.
You record the signed, notarized deed with the county recorder of the county where the property is located (A.R.S. Section 33-411(A)). The grantor's signature must be acknowledged before a notary first (A.R.S. Section 33-401(B)). 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)). Most deeds also need an Affidavit of Property Value appended at recording.
Arizona does not require an attorney to prepare or record a deed; an individual may prepare their own warranty deed and record it with the county recorder. Because a deed transfers title and a mistake in the legal description, the warranty language, or the vesting can be expensive to fix, many people have the deed reviewed before recording. DocDraft prepares your Arizona deed from your facts, with attorney review available as an option before you record.
It must be notarized. Before an Arizona deed can be recorded, the grantor's signature has to be acknowledged before a notary or other authorized officer (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. An instrument that is not acknowledged is not deemed lawfully recorded.
No. Arizona has no real estate transfer, documentary, or deed tax, and the state constitution bars any new tax, fee, or stamp on conveying real property (Ariz. Const. art. IX Section 24). What Arizona does require is a non-tax filing: an Affidavit of Property Value must be appended to most deeds 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).
For community property, yes. A.R.S. Section 33-452 provides that a conveyance or encumbrance of community property is not valid unless both spouses execute and acknowledge it, with a narrow exception for unpatented mining claims. If the property is one spouse's sole and separate property, that spouse can convey it alone. Because Arizona is a community property state, confirm how title is held before you sign to avoid a defective transfer.