In Arizona, a quitclaim deed is used to transfer property from an owner (“Grantor”) to a new owner (“Grantee”) without any promises or guarantees about the property’s title or condition. Quitclaim deeds are a quick way to transfer property but offer the lowest security among real estate deeds in Arizona.
The most common use of quitclaim deeds is between two parties with high levels of trust, such as family members or close friends.
In Arizona, the main difference between quitclaim deeds and warranty deeds is that a quitclaim deed provides less security to the new owner. A warranty deed provides stronger assurances about the title’s validity and the Grantor’s legal ownership. A quitclaim deed simply transfers the Grantor’s interest in the property without any guarantees. The choice between the two types of deeds depends on the type of real estate transaction and the level of trust between the parties involved. Read more
Laws surrounding quitclaim deeds in Arizona are found in Title 33 of the Arizona State Legislature, titled Property. The quitclaim deed must be in writing and it should have specific language transferring the title from the Grantor to the Grantee. [1] Once the Grantor signs the document, the quitclaim deed must be filed at the County Recorder’s Office where the property is located.
Content requirements for quitclaim deeds in Arizona Include:
For a quitclaim deed to be legally valid in Arizona, it must be signed by the Grantor in the presence of a notary. [4]
If the Grantor is married and the property is registered as a homestead, both spouses must sign the quitclaim deed. Alternatively, a spousal waiver of rights can be signed and attached.
The signing and notarization can be completed online and electronically as per Arizona’s electronic records and digital signature policy. [5]
Here’s how to file a quitclaim deed in Arizona:
In Arizona, counties charge a fee of $30 per instrument to file a quitclaim deed. [7]
In Arizona, property transfers, including quitclaim deeds, are not subject to transfer taxes. However, annual real estate taxes will still apply in the future.
To determine the required payments, an Affidavit of Property Value (APV) is used to disclose property sale information. If a quitclaim deed is used to transfer property after a real estate sale, the APV must be recorded along with the deed at the County Recorder’s Office.
In Arizona, a number of transfers that are generally filed under quitclaim deeds are exempt from having to file the APV, including: [8]
(a) Husband and wife, or ancestor of the husband and wife.
(b) Parent and child, including natural or adopted children and their descendants.
(c) Grandparent and grandchild.
(d) Natural or adopted siblings.
Federal tax rules may also apply to Arizona quitclaim deeds.
The length of time to record a quitclaim deed in Arizona changes depending on the processes and population of each county.
In Maricopa County, for instance, the time it takes to complete the recording of a quitclaim deed depends on the time of year. It can range from 3-5 business days to a few weeks.
Additionally, many counties in Arizona offer electronic recording as an option, which can expedite the process. The turnaround time can be reduced to 1-2 business days.
Once a quitclaim deed is submitted for recording in Arizona, it goes through a review at the County Recorder’s Office. Once the quitclaim deed is cleared it is made a publicly accessible record.
There is no expiration for quitclaim deeds in Arizona. However, the statute of limitations for breaching a written contract is 6 years. [9]
Forms for conveyances; quit claim; conveyance; warranty; mortgage. The following or other equivalent forms varied to suit circumstances are sufficient: To quit claim…
Requirements for form of instruments: A. Only an instrument that, on presentation to a county recorder for recordation, fails to meet any of the following conditions may be rejected for recordation at the time of presentation for recordation.
8. The assessor’s parcel number or numbers assigned to the real property by the county assessor or, in the case of a new parcel or parcels not yet assigned a parcel number, the parcel number or numbers of the previous parcel or parcels from which the new parcel or parcels are created.
… B. Every deed or conveyance of real property must be signed by the grantor and must be duly acknowledged before some officer authorized to take acknowledgments as prescribed in title 41, chapter 2, article 1..
Electronic and digital signatures; exemptions; definitions. A. The department, in consultation with the state treasurer.. for the use of electronic and digital signatures..
A. Each deed evidencing a transfer of title and any contract relating to the sale of real property shall have appended at the time of recording an affidavit of the seller and the buyer to the transaction..
A. The county recorder shall receive the following fees: 1. For recording papers required or authorized by law to be recorded, if the fee is not otherwise specified in this section, $30 per instrument..
Exemptions. A. The affidavit and fee required by this article do not apply to the following instruments: 1. A deed that represents the payment in full or forfeiture of a recorded contract for the sale of real property.
Contract in writing for debt; six-year limitation; choice of law
