Arizona Quitclaim Deed Form

If you need to transfer your rights over movable or immovable property to another individual or legal entity in Arizona, you should use the quitclaim deed form. This article contains all the information about the form’s purpose, rules of filling it out and filing it, and examples of common instances when this deed form can be helpful to an Arizona resident.

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Quitclaim Deed Laws and Requirements in Arizona

Let us start from the top and explain what the form does before proceeding to its filing requirements. Arizona inhabitants use a quitclaim deed form when transferring their property rights from one person to another (or others).

Laws

Both individuals and legal entities can participate in this transaction. A quitclaim deed can also be used in case of a status change of person(s) listed as property rights holders in the relevant documents. For more details regarding related requirements, see the Arizona Revised Statutes, Title 33 (Property), Chapter 4.

Signing Requirements

Local laws state that the paper should be signed and dated by both sides to the deed in the presence of a notary public. The parties must also ensure that the notary signs the document and appends the official state seal.

Filing Requirements

Here are the main situations when US citizens can and should fill out the Arizona Quitclaim Deed Form:

  • When giving property away as a gift to another person. It is necessary to legalize the new owner’s right to dispose of the property through a quitclaim deed registration. After that, they can sell the property or give it as a gift to someone.
  • Separation and division of property after divorce. Here, the quitclaim deed is used to transfer property for the benefit of one of the former spouses.
  • Change in the legal status of a property owned jointly by spouses. It concerns all property, including assets and joint financial debts, loans, and mortgages. Legally speaking, marital property can be distributed differently between the spouses, and the quitclaim deed also regulates this distribution.
  • Transfer of ownership via POA. The current owner can always transfer ownership and their respective rights by a power of attorney (POA); the same works regarding a business entity.
  • Amendment to the list of persons owning the property. This measure means that the respective authorities have made amends to the list of current property owners by adding a new owner or removing an old one.
  • Legal title acquisition hardships. If the property has difficulties acquiring the legal title—for example, the property is in a pledge or encumbrance—the current owner transfers the rights to another person to avoid nuisance with title liability.

Format Requirements

The Arizona Quitclaim Deed Form must be distinguished from other related types of deed.  Four legal forms are functionally similar but still designed for different purposes:

  1. Arizona Warranty Deed Form ensures that the title of the property is clear. The current owner of the property (grantor) is responsible for the relevant available title during the entire ownership period, including the time of the previous owners.
  2. Arizona Special Warranty Deed Form is similar to the form described above and differs only in the guarantee period extensiveness. Here, the guarantee does not cover the previous owners.
  3. Unlike the quitclaim deed form, Arizona Life Estate Deed Form comes into effect after the grantor’s death.
  4. Arizona Beneficiary Deed Form is used to transfer the ownership after the death of the grantor.

Fees

Be prepared to pay a $99 fee when filing a property deed claim in Arizona. Attach the receipt and supplement to the deed forms.

How to Fill Out and File a Quitclaim Deed in Arizona

To make it easier for you to fill out the form, we have comprised a comprehensive guide and highlighted eight small steps required to file the legal form:

  1. Fill in your personal details in the upper-left corner of the paper.
  2. In the “After Recording Return To” field, enter the details of the person to whose benefit the property is transferred.
  3. Find the words “State of Arizona” in the document and write the county’s name where the property is located.
  4. Write the amount of money you receive from the grantee, first in words, then in numbers.
  5. Enter the property giver’s legal name after the phrase “in hand paid to” and right next to the word “grantor” in the next empty field; then, enter the grantor’s address.
  6. After the phrase “conveys and quitclaims to,” enter the name of the person who receives property, the word “grantee” in the next empty field, and the address of the grantee.
  7. Specify the address of the property and provide a legal description of the transferred asset.
  8. Register the form with a notary and submit it to the County Recorder’s Office along with the fees.
Published: Apr 26, 2021