An Arizona quit claim deed transfers whatever ownership interest the grantor holds in a piece of real property to the grantee, with no promises about the condition of title. To complete and record one, you draft the deed with the grantor’s and grantee’s full legal names, the legal description of the property, and the Assessor’s Parcel Number; have the grantor sign it in person before a notary; and file it with the county recorder in the county where the property sits, along with an Affidavit of Property Value or a statutory exemption code noted on the face of the deed.
Because the grantor makes no warranties, quit claim deeds are a poor fit for arm’s-length sales. They are commonly used to transfer property between family members, add or remove a spouse from title, move property into a living trust, or clear up a title defect.
What to Gather Before You Draft
Have this in front of you before you fill in any form:
- The grantor’s full legal name exactly as it appears on the current vesting deed. Even a missing middle initial can delay recording or create chain-of-title problems later.
- The grantee’s full legal name and mailing address. If the grantee is a business entity regulated under Arizona law, the deed must also state the entity’s state of incorporation or organization.1Arizona Legislature. Arizona Code 33-401 – Formal Requirements of Conveyance
- The legal description of the property. A street address is not enough. Copy the metes-and-bounds or lot-and-block description word-for-word from the most recent recorded deed or from the county assessor’s records.
- The Assessor’s Parcel Number (APN). It appears on your property tax bill, on a prior deed, or on the assessor’s website.
- The consideration amount. Even when nothing changes hands, the statutory form leaves a space for it. Gift transfers commonly recite “$10 and other good and valuable consideration.”
Community Property and the Spousal Signature Rule
Arizona is a community property state. If the property was acquired during a marriage, both spouses must sign the deed, even if only one spouse’s name appears on the current title. Arizona law requires both spouses to join in any transaction that disposes of or encumbers an interest in real property.2Arizona Legislature. Arizona Code 25-214 – Management and Control A deed signed by only one spouse when the property is community property is not valid.
When a married person acquired the property and intended to hold it as sole and separate, the other spouse usually signed a disclaimer deed at purchase. That rebuts the community property presumption but does not erase every claim: if community funds later paid down the mortgage or improved the property, the disclaiming spouse may have a reimbursement interest. When in doubt, have both spouses sign.
Filling Out the Deed
Arizona’s statutory quit claim language is short. Under A.R.S. § 33-402, the approved form reads: “For the consideration of [amount], I hereby quit claim to [grantee name] all my interest in the following real property,” followed by the legal description.3Arizona Legislature. Arizona Code 33-402 – Forms for Conveyances; Quit Claim; Conveyance; Warranty; Mortgage A preprinted form from a legal document provider works, or you can draft your own.
Every Arizona quit claim deed must contain:
- The grantor’s full legal name matching the vesting records.
- The grantee’s full legal name and mailing address, plus the state of incorporation or organization for a regulated business entity.
- The legal description copied from a prior deed or the assessor’s records.
- The Assessor’s Parcel Number on the face of the deed.
- How the grantee will take title. If there is more than one grantee, specify the form of ownership: joint tenants with right of survivorship, tenants in common, or community property with right of survivorship for a married couple.
Only the grantor signs. The grantee does not sign the deed, though acceptance by the grantee (recording it or taking possession) is required for the transfer to take effect.
Notarization: In Person Only
The grantor’s signature must be acknowledged before a notary, and the grantor must appear in person. Remote online notarization is not allowed for deeds. A 2024 amendment to A.R.S. § 33-401 specifically prohibits grantors from using communication technology to appear before a notary for any deed or conveyance of real property.4Arizona Legislature. Arizona Code HB 2409 – Deeds; Personal Appearance Requirement Without a proper notarial acknowledgment, the county recorder will reject the deed. Arizona law caps notary fees at $10 per acknowledgment.
Affidavit of Property Value or Exemption Code
Most Arizona deeds must be accompanied by an Affidavit of Property Value at recording. The affidavit discloses the sale price and feeds the county’s property tax data. Both parties (or their authorized agents) sign and notarize it.5Arizona Legislature. Arizona Code 11-1133 – Affidavit of Legal Value The recorder will refuse any deed that lacks a completed affidavit unless the deed itself notes an applicable exemption code. Failing to file the affidavit when required is a class 2 misdemeanor.6Arizona Department of Revenue. Affidavit of Property Value
Many quit claim transfers qualify for an exemption under A.R.S. § 11-1134. Common ones include:
- A quit claim deed executed for no monetary consideration, such as to quiet title.
- A deed of gift.
- Transfers between spouses, parents and children (including adopted children and their descendants), grandparents and grandchildren, or siblings for only nominal consideration.
- Transfers from a person to a trustee, or from a trustee to a trust beneficiary, for nominal or no consideration.
- Transfers between a member and an LLC, a partner and a partnership, or a parent company and a subsidiary for no or nominal consideration.
- Deeds creating community property with right of survivorship or joint tenancy, or consolidating or splitting parcels.
When an exemption applies, write the specific statutory code on the face of the deed.7Arizona Legislature. Arizona Code 11-1134 – Exemptions Claiming an exemption also eliminates the $2 affidavit filing fee.
Formatting the Document
Recorders reject deeds that miss the statutory formatting. Before you submit, check the deed against A.R.S. § 11-480:
- Paper no wider than 8½ inches and no longer than 14 inches.
- At least 10-point type.
- A top margin of at least 2 inches on the first page, reserved for the recorder’s stamp. The left 3½ inches of that margin may hold the name of the person requesting recording and the return mailing address.
- At least ½ inch on all other margins.
- Original ink signatures and the notary’s original seal. Photocopies are not accepted.
If the first page cannot meet the 2-inch top margin, attach a cover sheet with the document title and the required margin space.
Recording With the County
File the signed, notarized deed (with the affidavit or the exemption code on the deed) with the county recorder in the county where the property is located. You can submit in person, by mail, or through an authorized e-recording vendor in many counties. The standard recording fee is $30 per instrument.9Arizona Legislature. Arizona Code 11-475 – Fees; Exemptions Add $2 if you are also filing an affidavit. Payment methods vary by county.
Record promptly. Under A.R.S. § 33-411, an unrecorded instrument is invalid against a later purchaser who pays value without knowledge of the earlier transfer.10Arizona Legislature. Arizona Code 33-411 – Invalidity of Unrecorded Instrument as to Bona Fide Purchaser If you receive a quit claim deed and sit on it, someone else could buy the same property from the grantor and, by recording first, take priority over you.
The recorder stamps the deed with a recording number and mails the original back to the return address in the top margin. Processing typically takes several weeks. The county assessor then updates the tax records. Keep the recorded original with your important papers.
The Mortgage Does Not Go Away
A quit claim deed moves ownership. It does not release the grantor from any existing mortgage, and it can technically trigger the loan’s due-on-sale clause. Federal law under the Garn-St. Germain Act blocks a lender from enforcing that clause on several transfers common to quit claim situations involving residential property with fewer than five units:
- Transfers to a spouse or children of the borrower.
- Transfers resulting from a divorce or legal separation.
- Transfers into a living trust where the borrower remains a beneficiary and continues to occupy the property.
- Transfers to a relative after the borrower’s death.
If your transfer does not fall into one of these categories, talk to the lender before you record.
Title Insurance Ends With the Named Insured
An owner’s title policy protects the person named on it. When the property is quit claimed to someone else, that policy generally does not follow to the new owner. Some ALTA policies extend to parties who receive title by operation of law, but a voluntary quit claim typically does not qualify. Given that a quit claim deed carries no title warranties, a grantee who wants protection needs to buy a new policy.
Gift Tax and Cost Basis
Because quit claim deeds are so often used for gifts, two federal tax points are worth knowing before you file.
If you transfer property for less than fair market value, the IRS treats the shortfall as a gift. For 2026, the annual gift tax exclusion is $19,000 per recipient.12Internal Revenue Service. Frequently Asked Questions on Gift Taxes Most real property is worth more than that, so the grantor will likely need to file IRS Form 709. Filing does not necessarily mean tax is due: the 2026 lifetime estate and gift tax exclusion is $15 million.
The grantee also inherits the grantor’s cost basis rather than a basis stepped up to current market value. If a parent bought a house for $150,000 and quit claims it to a child when the house is worth $400,000, the child’s basis for a future capital gains calculation is $150,000, not $400,000.13Internal Revenue Service. Property (Basis, Sale of Home, Etc.) For high-value gifts, run those numbers before you sign the deed.