To be valid and recordable, an Arizona quitclaim deed requirements checklist comes down to this: use the statutory language in ARS 33-402, include the full legal description of the property, have the grantor sign in front of a notary (with the spouse also signing if the property is community property), attach a completed Affidavit of Legal Value or note a statutory exemption, meet the recorder’s formatting rules, and file the deed with the county recorder where the property sits.
Miss any one of those and the recorder’s counter will send you home. Below is what each requirement actually asks of you.
The Required Language and Content
Arizona gives you a short statutory form to work from: “For the consideration of [amount], I hereby quit claim to [grantee] all my interest in the following real property (describing it).”1Arizona Legislature. Arizona Code 33-402 – Forms for Conveyances; Quit Claim; Conveyance; Warranty; Mortgage You can expand on the form, but the language has to accomplish the same transfer.
Four pieces of information fill in that template:
- Full legal names and current mailing addresses for the grantor and the grantee. If the grantee is a trust, LLC, or other entity, use the entity’s full legal name and include a statutory agent or contact so the county assessor knows where to send tax statements.
- The full legal description of the property, copied exactly from the most recently recorded deed or the plat map. A street address alone is not enough, and small discrepancies cause problems later.
- The consideration. For gift transfers, people typically write “$10 and other good and valuable consideration.”
- If you’re claiming an exemption from the Affidavit of Legal Value, the applicable ARS 11-1134 subsection noted on the deed itself.
Formatting the Recorder Will Check
County recorders can reject any document that doesn’t meet the formatting standards in ARS 11-480.2Arizona Legislature. Arizona Code 11-480 – Requirements for Form of Instruments The specifics:
- A caption on the first page briefly stating the nature of the document, such as “Quitclaim Deed.” Missing the caption causes the most practical trouble, because without it the recorder has no obligation to index the deed under any subject category and future title searchers may not find it.
- A top margin of at least two inches on the first page, reserved for the recorder’s stamps and indexing. The left three and a half inches of that margin can hold the return address and the name of the person requesting recording.
- Margins of at least a half inch on the top, bottom, left, and right of every page. Text that falls inside those margins may not provide constructive notice even after recording.
- Paper no larger than 8.5 by 14 inches, with a font no smaller than 10 point.
- An original document with original signatures, legible enough for the recorder to produce certified copies.
Who Has to Sign, and in Front of Whom
Only the grantor signs the quitclaim deed itself, but Arizona law requires every deed conveying real property to be signed by the grantor and acknowledged before an officer authorized to take acknowledgments. In practice, that means a notary public.3Arizona Legislature. Arizona Code 33-401 – Formal Requirements of Conveyance; Writing; Subscription A deed that hasn’t been properly acknowledged cannot be recorded, and without recording the deed provides no constructive notice to third parties. Check that the notary’s seal and certificate are complete and current before you leave.
The signing rule changes when the property is community property. Arizona is a community property state, and property acquired during a marriage is presumed to belong to both spouses equally, with exceptions for property received as a gift, by inheritance, or after service of a divorce petition that results in a decree.4Arizona Legislature. Arizona Code 25-211 – Property Acquired During Marriage as Community Property; Exceptions; Effect of Service of a Petition A conveyance of community property is not valid unless both spouses execute and acknowledge the deed.5Arizona Legislature. Arizona Code 33-452 – Conveyance of Community Property If only one spouse signs, the transfer is invalid, not merely incomplete. When there’s any doubt about whether a property is community or separate, have both spouses sign.
The Affidavit of Legal Value
Almost every deed recorded in Arizona must include a completed Affidavit of Legal Value. The county recorder will refuse to record your quitclaim deed without one, unless the deed itself notes a specific statutory exemption.6Arizona Legislature. Arizona Code 11-1133 – Affidavit of Legal Value The affidavit has to be signed by both the grantor and the grantee (or an authorized agent of either) and must declare the full consideration involved. The Arizona Department of Revenue prescribes the form, and the county recorder’s office has copies.
Several common quitclaim transfers qualify for an exemption: transfers for nominal consideration between family members, transfers into a trust where the grantor remains a beneficiary, gifts, transfers resulting from a divorce decree, and conveyances from an owner to a related entity solely for parcel consolidation.7Arizona Legislature. Arizona Code 11-1134 – Exemptions The statute uses “nominal actual consideration” rather than setting a dollar threshold, so if your transfer sits in a gray area, confirm with the county recorder before filing. Even when an exemption applies, the applicable ARS 11-1134 subsection has to appear on the face of the deed.
Recording the Deed
A quitclaim deed is binding between the grantor and grantee as soon as it’s signed and delivered. But the transfer does not provide notice to the outside world until it’s recorded, and under Arizona law an unrecorded deed cannot be used against a later buyer or lender who pays value for the property without knowledge of your transfer.8Arizona Legislature. Arizona Code 33-411 – Invalidity of Unrecorded Instrument as to Bona Fide Purchaser If the grantor later sells the same property to someone else who records first, you can lose your interest.
File the deed with the recorder in the county where the property is physically located. A Tucson property goes to Pima County; a Flagstaff property goes to Coconino County. Most offices accept documents in person or by mail. Submit the Affidavit of Legal Value at the same time.
Recording fees are set by statute. The base fee for recording a document is $30 as of the most recent schedule.9Pima County Recorder’s Office. Recording Fees Confirm the exact amount with your county recorder, as additional pages or supplemental documents can add to the total. Arizona does not impose a separate state-level real estate transfer tax, so the recording fee is typically the only government cost.
Once accepted, the deed gets a unique recording number, is indexed into the public record, and is stamped with the date and time of recording. The original is mailed back to the return address on the first page. That date and time establish your priority against later-filed claims.
What a Quitclaim Deed Does Not Do
A quitclaim deed transfers whatever interest the grantor has, and nothing more. The grantor makes no promises about owning the property free and clear, about liens, or about competing claims. That is the key difference from a general warranty deed, where the grantor promises clean title and agrees to defend it. Title insurance companies are often reluctant to insure property conveyed solely by quitclaim.
The deed also does not touch the mortgage. If the property has an outstanding loan, the grantor remains personally liable on that note after signing. This surprises people in divorce transfers, where one spouse quitclaims to the other but stays on the mortgage.
Most residential mortgages include a due-on-sale clause letting the lender demand full repayment when the property changes hands. Federal law under the Garn-St. Germain Act protects several categories of transfer from acceleration, including transfers to a spouse or children, transfers resulting from a divorce decree or property settlement, transfers into a revocable living trust where the borrower remains a beneficiary and occupant, and transfers to a relative on the borrower’s death. These protections apply to residential property with fewer than five dwelling units.10Office of the Law Revision Counsel. 12 USC 1701j-3 – Preemption of Due-on-Sale Prohibitions Transfers outside those categories can technically trigger acceleration, so contact the lender before recording if you have any doubt.
Gift Tax Reporting
When a quitclaim transfers property without fair market value in return, the IRS may treat it as a gift. For 2026, the annual gift tax exclusion is $19,000 per recipient.11Internal Revenue Service. Gifts and Inheritances If the property’s fair market value exceeds that amount, and most real estate does, you have to file IRS Form 709 to report the gift.12Internal Revenue Service. Instructions for Form 709
Filing the form doesn’t necessarily mean you owe tax. The lifetime gift and estate tax exclusion for 2026 is $15,000,000 per person, so most people will never actually owe gift tax.13Internal Revenue Service. What’s New – Estate and Gift Tax Form 709 is due by April 15 of the year following the transfer. Transfers between spouses are generally unlimited and tax-free under the marital deduction, so a quitclaim between spouses during marriage or as part of a divorce typically has no gift tax consequences.