How to Fill Out and Record an Arkansas Deed Transfer Form: Tax and Filing

To transfer Arkansas real estate, you fill out a deed that names the current owner and the new owner, describes the property by its full legal description, states what was paid for it, and uses granting language that matches the kind of deed you want. The grantor signs it in front of two disinterested witnesses and a notary, then you file the completed Arkansas deed transfer form with the recorder in the county where the property sits, along with a Real Property Transfer Tax Affidavit of Compliance and, since August 2025, the grantor’s photo ID.

Pick the Deed Type Before You Draft

The deed type decides how much title protection the new owner gets, so settle this first.

A general warranty deed is the standard choice in an arm’s-length sale. The grantor guarantees clear title against all claims, including problems that predate the grantor’s own ownership. Arkansas ties this guarantee to the words “grant, bargain and sell,” which create an express covenant that the grantor holds an indefeasible fee simple estate free from encumbrances.¹
A special warranty deed limits the guarantee to defects that arose during the grantor’s own ownership. Commercial sellers and banks often use this to cap their exposure.
A quitclaim deed transfers whatever interest the grantor currently holds, with no promises at all. Family transfers, divorce settlements, and title cleanup use this form.
A beneficiary deed is a transfer-on-death instrument. It names a grantee who takes the property only after the owner dies, must be recorded before the owner’s death to work, and avoids probate. The owner can revoke it anytime without the grantee’s consent, as long as the revocation is also recorded before death.²

If you don’t know the other party well, push for a general warranty deed. If the transfer is inside a family or trust and everyone agrees on the state of the title, a quitclaim or special warranty deed is simpler.

What Goes on the Deed

Gather these details before you fill anything in:

Full legal names of the grantor and grantee, exactly as they appear on other title documents. Nicknames or abbreviations create confusion in the public record.³
The full legal description of the property. A street address is not enough. Pull the description from the most recent recorded deed or a certified survey, and check every word against the source. A single transposed number can describe the wrong parcel.
Consideration. The deed has to state what value was exchanged. In a sale, that’s a dollar amount. Gift and family transfers commonly recite “for $10 and other good and valuable consideration” or “for love and affection.” The actual sale price usually stays off the deed itself and goes on the separate tax affidavit.
A granting clause expressing the grantor’s intent to convey the property. The specific words matter. In a general warranty deed, “grant, bargain and sell” triggers the statutory warranty protections.¹
A return address so the recorder knows where to mail the original deed after filing.

Blank deed forms are available from legal stationery stores and online template providers. Many Arkansas attorneys will draft a deed for a few hundred dollars, which is worth it when the property is valuable or the title history is complicated.

Formatting the Recorder Will Accept

Arkansas Code § 14-15-402(b) sets the formatting rules, and recorders can reject a deed that misses them.³ Before you print the final version, confirm:

Paper is 8½ by 11 inches, printed on one side only.
The top right of the first page has a 2½-inch margin for the recorder’s file stamp. Side and bottom margins on all pages are ½ inch. The last page has a 2½-inch bottom margin.
The first page shows the document’s title (such as “General Warranty Deed”) and the names of the grantor and grantee.
The whole document, including the legal description, is legible enough to reproduce cleanly when scanned.

A recorder can waive these rules for good cause, but that triggers an extra $25 fee on top of the standard charges.⁴ The name and address of the person who prepared the deed should also appear on the first page. The recording statute itself does not spell this out, but many county recorders expect it, and including it avoids a potential rejection.

Signing, Witnessing, and Notarizing

This is the step people miss. Arkansas Code § 18-12-104 requires the grantor to either sign the deed in the presence of two disinterested witnesses, or acknowledge the deed before two witnesses who then sign it themselves.⁵ “Disinterested” means the witness has no financial stake in the transaction. The grantee and the grantee’s spouse don’t qualify.

In practice, deeds are also notarized through a formal acknowledgment, because the recording statute requires documents to be “acknowledged or otherwise executed” under the forms in Arkansas Code § 16-47-107.³ A notary public verifies the signer’s identity and applies their seal, which satisfies the acknowledgment requirement for recording.⁶ Getting both witnesses and a notarial acknowledgment at the same sitting is the safest approach.

The Photo ID Rule

Act 752 of 2025 added a new step. When a deed is presented for recording in person, the grantor named on the deed must appear at the recorder’s office and show a valid photo ID or driver’s license issued by a state or federal agency. If you’re mailing the deed instead, include a photocopy of the grantor’s photo ID.⁷

The ID requirement does not apply when the deed is submitted by an attorney, a licensed real estate broker or agent, a representative of a bank or mortgage company, a title insurance agent, or a government representative. If none of those professionals are involved, the grantor needs to handle the recording in person or include a legible ID photocopy with a mailed submission. The recorder files the ID copy under seal as part of the record.

The Transfer Tax Affidavit

Every deed submitted for recording must come with a Real Property Transfer Tax Affidavit of Compliance, as required by Arkansas Code § 26-60-107.⁸ The blank form is published by the Arkansas Department of Finance and Administration.⁹

The tax is $3.30 for every $1,000 of actual consideration when the transaction exceeds $100.¹⁰ On a $200,000 sale, the tax is $660. The grantee or the grantee’s agent completes the affidavit, states the full consideration, and attaches the correct documentary stamps or symbol to the face of the deed.⁸

Transfers That Owe No Tax

Arkansas Code § 26-60-102 lists specific exemptions, including:

Transfers to or from the United States, the State of Arkansas, or any political subdivision
Instruments given solely to secure a debt, such as a mortgage or deed of trust
Correction or replacement deeds where the full tax was paid on the original recording
Deeds conveying property sold for delinquent taxes
Transfers between spouses as part of a divorce settlement
Deeds given to a secured party to avoid foreclosure or as a result of foreclosure proceedings
Transfers between business entities incident to a reorganization, merger, or liquidation
Beneficiary deeds recorded under § 18-12-608
Certain FHA-, VA-, or USDA-financed homes priced at $60,000 or less when the buyer hasn’t owned a home in the previous three years

If your transfer qualifies, you still file the affidavit. You just state the reason no tax is due instead of attaching stamps.¹¹

Filing With the County Recorder

Once the deed is signed, witnessed, acknowledged, and the affidavit is complete, file both documents with the recorder in the county where the property sits. Recording fees are set by state law at $15 for the first page and $5 for each additional page.⁴ A typical two-page deed costs $20 to record, plus the transfer tax.

You can file in person, by mail, or through electronic recording in participating counties. Arkansas adopted the Uniform Real Property Electronic Recording Act, and a growing number of counties accept e-recorded documents through authorized submitters.¹² A mailed submission should include a self-addressed stamped envelope for return of the original deed, a check covering recording fees and transfer tax, and (unless the grantor is covered by one of the professional exceptions in Act 752) a photocopy of the grantor’s photo ID.

The recorder reviews the deed for basic compliance: formatting, legible legal description, proper acknowledgment, documentary stamps or symbol on the face of the instrument, and the completed affidavit. If everything checks out, the recorder stamps the deed with the date, time, and an instrument number and enters it into the county’s public records. The original comes back to the address listed on the deed.

Record Right Away

An unrecorded deed is still valid between the grantor and grantee. The property changes hands when the deed is delivered. But Arkansas follows a notice recording system, which means your unrecorded deed is not enforceable against a later buyer who pays for the same property without knowing about your earlier transfer.¹³ Recording puts the deed in the public record and creates constructive notice to everyone else.

The practical point: record immediately after closing. Waiting days or weeks opens a window where the grantor could sell the same property to someone else, and if that second buyer records first without knowing about your deed, you can lose the property you paid for.

1
Justia. Arkansas Code 18-12-102 – Transfer by Deed – Warranty
2
Justia. Arkansas Code 18-12-608 – Beneficiary Deeds – Terms – Recording Required
3
Justia. Arkansas Code 14-15-402 – Instruments To Be Recorded
4
Justia. Arkansas Code 21-6-306 – Recorders
5
Justia. Arkansas Code 18-12-104 – Execution of Deeds
6
Arkansas Secretary of State. Arkansas Notary Public and eNotary Handbook
7
Arkansas State Legislature. Act 752 of the Regular Session
8
Justia. Arkansas Code 26-60-107 – Real Property Transfer Tax Affidavit of Compliance Form
9
Arkansas Department of Finance and Administration. Real Property Transfer Tax Affidavit of Compliance Form
10
Arkansas Department of Finance and Administration. Real Property Transfer Tax
11
Justia. Arkansas Code 26-60-102 – Transfers to Which Chapter Inapplicable
12
Association of Arkansas Counties. E-Recording
13
Justia. Arkansas Code 14-15-404 – Effect of Recording Instruments Affecting Title to Property