Arizona Quitclaim Deed: Requirements, Recording and Affidavit

An Arizona quitclaim deed transfers whatever interest the grantor has in the property, with no warranty of title, and A.R.S. 33-402 gives a short statutory form for it. To count, the deed must be signed by the grantor and acknowledged before an authorized officer such as a notary public (A.R.S. 33-401(B)), and it is recorded with the county recorder where the property is located (A.R.S. 33-411), with an Affidavit of Property Value attached unless the deed notes an exemption. For other states, see our guide to quitclaim deed rules by state.

Information last verified on 2026-10-08. This article has not been reviewed by a licensed lawyer.

Jurisdiction scope: This article covers Arizona law on quitclaim deeds: A.R.S. 33-401, 33-402, 33-405, 33-411, 33-412, 33-420 and 33-452 (conveyances and recording), A.R.S. 25-214 (community property), A.R.S. 11-461 through 11-480 and 11-544 (county recorders and assessors), A.R.S. 11-1131 through 11-1136 (the affidavit of property value), A.R.S. 41-254 (notary journals) and Arizona Constitution art. 9, sec. 24, with federal mortgage and gift-tax points where they affect a family transfer. It does not cover title insurance, a lender's own rules, county fees beyond those named, property-tax valuation after a transfer, or other states' laws.

What a quitclaim deed does in Arizona

A.R.S. 33-402 lists short forms for conveyances and says "the following or other equivalent forms varied to suit circumstances are sufficient." The quit claim form names the consideration and the grantee and uses the words "quit claim to" to pass "all my interest in the following real property," followed by the description.

The same section gives separate forms to "convey" and to "convey and warrant." Only the warranty form adds a promise about the title ("and I warrant the title against all persons whomsoever"), so a quitclaim passes only the interest the grantor actually has. For how the two kinds of deed compare, see quitclaim vs. warranty deeds.

This page does not address whether Arizona courts give a quitclaim any effect on title the grantor acquires later; 33-402 and 33-401 contain no rule on it.

People use a quitclaim to add or remove a spouse, give a home to a child, move a home into their own trust, or confirm or correct an earlier deed. Each of those has its own affidavit treatment, covered below.

Arizona quitclaim deed requirements

A.R.S. 33-401(B) states the core rule: "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." The recorder then applies the format rules of A.R.S. 11-480.

The notary thumbprint rule

A.R.S. 41-254(C) now reads: "If the document to be notarized is a deed, quitclaim deed, deed of trust or other document that affects real property or a power of attorney document, the notary public shall require the party signing the document to place the party's right thumbprint in the notary's journal." If the right thumb is unavailable, the notary uses the left thumb or any finger.

The exceptions in 41-254(D) cover foreclosure trustee's deeds, deeds of release and reconveyance, and certain remote notarizations that meet the conditions stated there. SB 1479 (2026, chapter 31) added the rule, and the Arizona Legislature lists September 12, 2026 as the general effective date for that session.

Format rules for recording

Under A.R.S. 11-480, a recorder may reject an instrument at presentation only if it fails one of the listed conditions. The deed needs a caption briefly stating its nature, original signatures, and, for instruments executed on or after January 1, 1991, pages no larger than 8.5 by 14 inches with print no smaller than 10-point type.

The first page needs a top margin of at least two inches reserved for recording information; the left 3.5 inches of that margin may show the requester and return address, or a cover sheet can be attached instead. The statute also calls for at least a half-inch margin on all sides, but failing that affects notice and is not grounds for rejection. Once the recorder accepts an instrument, it cannot later be challenged for not meeting 11-480.

No state-agency quitclaim deed form is cited here. The Mohave County Recorder's forms page, as one county example, lists a quitclaim deed form along with the Affidavit of Property Value, its instructions, and beneficiary and joint tenancy deed forms. The recorder can tell you its requirements but cannot give legal advice; a lawyer licensed in Arizona can prepare the deed.

Does a spouse have to sign an Arizona quitclaim deed?

For community property, yes. A.R.S. 33-452 says "a conveyance or incumbrance of community property is not valid unless executed and acknowledged by both husband and wife," except unpatented mining claims. For community property, A.R.S. 25-214(C) also requires joinder of both spouses for any transaction acquiring, disposing of or encumbering an interest in real property, other than an unpatented mining claim or a lease of less than one year.

Separate property is under the sole management, control and disposition of the spouse who owns it (A.R.S. 25-214(A)). If the transfer is part of a divorce, see our guide to Arizona divorce laws.

Homestead

Arizona's homestead exemption protects a home from certain creditors; it is not a property-tax exemption. Under A.R.S. 33-1104, a transfer of the homestead property by deed abandons the homestead, except a transfer into a trust in which the claimant keeps the power to administer and revoke it. A quitclaim of your home to someone else can therefore end that creditor protection.

Recording a quitclaim deed with the county recorder

Record the deed in the office of the county recorder of the county where the property is located (A.R.S. 33-411). Attach a complete Affidavit of Property Value or note an exemption on the deed, or the recorder must refuse it (A.R.S. 11-1133(C)).

What recording does

Arizona's recording statutes protect later buyers and creditors who lack notice. An unrecorded instrument gives no notice to later purchasers or encumbrance holders for valuable consideration without notice (A.R.S. 33-411(A)). A conveyance is void as to creditors and subsequent purchasers for valuable consideration without notice unless it is acknowledged and recorded (A.R.S. 33-412(A)).

Recording is not what makes the deed valid between the parties. A.R.S. 33-412(B) says "unrecorded instruments, as between the parties and their heirs, and as to all subsequent purchasers with notice thereof, or without valuable consideration, shall be valid and binding."

An instrument is not lawfully recorded unless it was acknowledged first (A.R.S. 33-411(B)), though a recorded instrument with a defective acknowledgment is treated as lawfully recorded from the date it was recorded (A.R.S. 33-411(C)). Once recorded, the deed is part of the public record you can search; see our guide to Arizona property records.

Recording fee

Arizona sets the recording fee by statute. A.R.S. 11-475(A)(1) charges "$30 per instrument" for recording papers when no other fee is specified, and $15 when a governmental body is a party and the document is recorded at its request. The fee is flat per instrument, not per page.

The $30 already includes the $2 real estate transfer fee the recorder collects on each deed under A.R.S. 11-1132, and the charge under A.R.S. 11-475.01 (A.R.S. 11-475(B)). As one county example, the Mohave County Recorder's fee page lists $30.00 for all documents unless otherwise specified.

Photo ID to record in person

Since September 12, 2026, a person recording a document in person at the recorder's office or a recording kiosk must show valid photo identification (A.R.S. 11-472). That does not apply when the document is submitted by an escrow officer or office, a title insurer or agent, a state or federally chartered bank or credit union, an active member of the State Bar of Arizona, or a governmental entity.

The recorder may not keep a copy of the ID. It notes the type of ID, the name and the ID number, and those notes are not public record.

E-recording

A recorder may accept a digitized image for recording when it is submitted by a title insurer or agent, an FDIC-insured state or federal bank, an active member of the State Bar of Arizona, a federal agency, a trusted submitter or a governmental entity (A.R.S. 11-461(C)). The Mohave County Recorder, for example, says e-recording vendors serve business and high-volume submitters and points one-time submitters to a local title company.

Transfer tax and the Affidavit of Property Value

Arizona has no state real estate transfer tax on a quitclaim. Article 9, section 24 of the Arizona Constitution bars the state and every county, city, town or district from imposing "any new tax, fee, stamp requirement or other assessment" on transferring or conveying an interest in real property. It does not apply to a tax, fee or assessment in existence on December 31, 2007.

The only statewide charge cited here is the $2 real estate transfer fee under A.R.S. 11-1132, which is part of the $30 recording fee. No local transfer tax that survived the constitutional bar is cited here.

The affidavit

A.R.S. 11-1133 requires an affidavit of legal value, on a form approved by the Arizona Department of Revenue and known as the Affidavit of Property Value, to be appended to each deed that evidences a transfer of title. The seller and buyer, or their agents, certify it jointly. A.R.S. 11-1133(C) is strict: "The county recorder shall refuse to record any deed and any contract relating to the sale of real property if a complete affidavit of legal value is not appended unless the instrument bears a notation indicating an exemption pursuant to section 11-1134."

The affidavit asks for the buyer's and seller's names, mailing addresses and telephone numbers, the address for tax statements, the complete legal description, the situs address, the parcel numbers, the date of sale, the total consideration, the type of financing, conditions of the sale including whether the parties are related, the property's use, and a contact person. SB 1479 added the telephone numbers. The recorder sends the affidavit to the Department of Revenue and the county assessor (A.R.S. 11-1135).

County recorders publish the form and instructions; the Mohave County Recorder's forms page and its Affidavit of Property Value instructions are one example.

Exemptions that fit common quitclaim situations

A.R.S. 11-1134 lists transfers that do not need the affidavit. A deed that relies on one must "note the exemption on the face of the instrument at the time of recording, indicating the specific exemption that is claimed" (A.R.S. 11-1134(C)).

No exemption in 11-1134 names divorce. A quitclaim between spouses or former spouses may fit the item for a quitclaim deed executed for no monetary consideration (A.R.S. 11-1134(A)(4)), the item for a conveyance executed under a court order (A.R.S. 11-1134(A)(5)), or the spousal residential item (A.R.S. 11-1134(B)(3)), depending on the facts, so ask the county recorder which notation it accepts, or ask a lawyer licensed in Arizona.

Property tax after a quitclaim

Arizona caps the yearly growth of a property's limited value: the limited property value is the prior year's limited value "plus five per cent of that value" (A.R.S. 42-13301). The statute text contains no reset on transfer, but whether a deed or sale affects the limited value is a question for the county assessor, so ask before you sign.

The assessor does learn of the transfer. The recorder transmits the Affidavit of Property Value to the county assessor and the Department of Revenue (A.R.S. 11-1135).

Mortgages and quitclaim deeds

Arizona's deed statutes say nothing about the loan, so this section rests on federal regulations. A deed does not remove anyone from a mortgage; only the lender can release a borrower. Under 12 CFR 191.5(b)(4), if the lender and the new owner agree in writing, before the transfer, that the new owner will be obligated on the loan, then on that agreement "a lender shall release the existing borrower from all obligations under the loan instruments."

Federal law limits when a lender can call a home loan due because of a transfer. Under 12 U.S.C. 1701j-3(d), for a loan on residential property with fewer than five dwelling units, a lender may not use a due-on-sale clause for certain transfers, including a transfer where the borrower's spouse or children become an owner and a transfer on the death of a joint tenant or tenant by the entirety. The federal regulation, 12 CFR 191.5(b), applies these limits to a loan on a home occupied or to be occupied by the borrower, and covers:

• a transfer where the spouse or children become an owner, or a transfer from a divorce decree, legal separation agreement or property settlement by which the spouse becomes an owner, where the person taking title occupies or will occupy the property (12 CFR 191.5(b)(1)(v));
• a transfer into a living (inter vivos) trust in which the borrower is and remains the beneficiary and occupant, unless the borrower refuses to give the lender reasonable means of notice of later transfers (12 CFR 191.5(b)(1)(vi)).

These limits are conditional, and a lender keeps the right to enforce the clause if a later event disqualifies the transfer (12 CFR 191.5(b)(5)). Transfers outside the listed categories, such as to a sibling or friend, are not covered. Talk to the lender before signing. Federal servicing rules also recognize a "successor in interest," such as a spouse or child who receives an ownership interest from a borrower (12 CFR 1024.31).

Federal gift tax on a quitclaim to a family member

Giving property away by quitclaim can be a gift for federal tax purposes. The IRS says the gift tax "applies to the transfer by gift of any type of property." For 2026, "the annual exclusion for gifts remains at $19,000" per recipient. The IRS lists gifts to your spouse among gifts that are not taxable and says the donor is generally responsible for paying any gift tax. If your spouse is not a U.S. citizen, the IRS limits tax-free gifts to that spouse to an annual exclusion of $194,000 for 2026.

The IRS also says the recipient's basis in gifted property is generally the same as the donor's basis. Ask a tax professional before deeding a home as a gift; this page does not give tax advice.

Deed fraud protections in Arizona

Arizona has written deed-fraud protections into statute. A.R.S. 11-467, added by SB 1110 (2023), required every county recorder, by January 1, 2025, to provide a voluntary system that notifies a person or entity "when any document is recorded in which the person or entity is a named party to the instrument." Sign up with your county recorder.

Counties run their own versions. The Maricopa County Recorder launched Maricopa Title Alert, a free service, on June 1, 2023; it sends an end-of-day email with a link when a recorded document contains a monitored name. The Mohave County Recorder offers a free self-service Recorded Document Alert that emails you when a recorded document mentions your name, property or business.

Changes in force since September 12, 2026

SB 1479 (2026, chapter 31), signed April 9, 2026, took effect on the session's general effective date of September 12, 2026. It added:

• the notary thumbprint rule for deeds and quitclaim deeds (A.R.S. 41-254(C));
• photo ID for in-person recording, with exceptions for escrow, title, bank, State Bar and government submitters (A.R.S. 11-472);
• a class 5 felony under A.R.S. 33-420(E) for a person claiming an interest in property who records a document "knowing or having reason to know that the document is forged or groundless, contains a material misstatement or false claim or is otherwise invalid" (it was previously a class 1 misdemeanor);
• telephone numbers on the Affidavit of Property Value (A.R.S. 11-1133);
• a voluntary assessor alert, due "on or before January 1, 2027," that notifies an owner when the assessor receives notice of a change in ownership of, or the owner's mailing address for, a parcel (A.R.S. 11-544).

A.R.S. 33-420 also makes a person who records a forged or groundless document liable to the owner for at least $5,000 or treble damages, and 33-420(B) lets the owner bring a special action to clear title. The FBI's Internet Crime Complaint Center has also warned about impersonators using fictitious deeds to sell vacant land (IC3 PSA I-061626-PSA).

Beneficiary deeds and other alternatives

If the goal is to pass a home at death rather than now, Arizona's version of a transfer-on-death deed is the beneficiary deed under A.R.S. 33-405. A deed that names a grantee beneficiary and "expressly states that the deed is effective on the death of the owner" transfers the interest at death, subject to encumbrances.

It is valid only if executed and recorded with the county recorder before the owner dies. The owner can revoke it by a recorded revocation, the last recorded beneficiary deed controls, and the beneficiary's consent is not needed during the owner's life; 33-405(K) gives a short form. For what happens when an owner dies without one, see our guide to Arizona probate.

If the new owner wants the grantor to stand behind the title, the warranty form in A.R.S. 33-402 is the statutory alternative.

Common myths about Arizona quitclaim deeds

• "The deed is not valid until it is recorded." Unrecorded instruments are "valid and binding" between the parties and their heirs and against later purchasers with notice or without valuable consideration (A.R.S. 33-412(B)). They are void only against creditors and later purchasers for value without notice. Recording protects the new owner.
• "Arizona charges transfer tax on a deed." There is no state transfer tax and the constitution bars new ones (art. 9, sec. 24). The $2 transfer fee is part of the $30 recording fee, and the Affidavit of Property Value is required unless the deed notes an exemption.
• "One spouse can quitclaim a community property house." A conveyance of community property is not valid unless both spouses execute and acknowledge it (A.R.S. 33-452), and A.R.S. 25-214(C) requires joinder for any disposition of an interest in community real property.
• "A notary stamp is all I need." Since September 12, 2026, the notary must also take your thumbprint in the journal for a deed or quitclaim deed (A.R.S. 41-254(C)), and recording in person requires photo ID (A.R.S. 11-472).
• "A quitclaim takes me off the mortgage." No. Only the lender can release a borrower (12 CFR 191.5(b)(4)).

Related

• Quitclaim deed rules by state
• Arizona property records
• Quitclaim vs. warranty deeds
• Arizona divorce laws
• Arizona probate

This article provides general legal information about Arizona law on quitclaim deeds, verified on 2026-10-08. It is not legal or tax advice. For your situation, contact your county recorder (who cannot give legal advice), a legal aid office, or a lawyer licensed in Arizona.

Last updated: 2026-10-08.

Frequently Asked Questions

How do I file a quitclaim deed in Arizona?

The grantor signs the deed and acknowledges it before a notary or other authorized officer (A.R.S. 33-401(B)), who since September 12, 2026 also takes the signer's thumbprint in the journal (A.R.S. 41-254(C)). Record it with the county recorder of the county where the property is located (A.R.S. 33-411), with a complete Affidavit of Property Value or an 11-1134 exemption noted on the deed (A.R.S. 11-1133), and bring photo ID if you record in person (A.R.S. 11-472).

Does a quitclaim deed need to be notarized in Arizona?

Yes. A.R.S. 33-401(B) requires every deed to be signed by the grantor and duly acknowledged before an authorized officer, and A.R.S. 41-254(C) requires the notary to take the signer's right thumbprint in the journal for a deed or quitclaim deed. Neither 33-401 nor 33-402 requires a witness.

How much does it cost to record a quitclaim deed in Arizona?

A.R.S. 11-475(A)(1) sets a flat $30 per instrument, not per page, and that amount includes the $2 real estate transfer fee under A.R.S. 11-1132. The fee is $15 when a governmental body is a party and the document is recorded at its request.

Do you pay transfer tax on a quitclaim deed in Arizona?

No. Arizona has no state real estate transfer tax, and Arizona Constitution art. 9, sec. 24 bars new transfer taxes. The only statewide transfer charge cited here is the $2 fee under A.R.S. 11-1132, already included in the $30 recording fee.

Do I need an Affidavit of Property Value for a quitclaim deed?

Yes, unless the deed notes an exemption under A.R.S. 11-1134, such as a quitclaim executed for no monetary consideration, a deed of gift, or a nominal-consideration transfer of a home between spouses, parents and children, grandparents and grandchildren or siblings. Without one or the other, the recorder must refuse the deed (A.R.S. 11-1133(C)).

Does my spouse have to sign a quitclaim deed in Arizona?

For community property, yes: A.R.S. 33-452 says a conveyance of community property is not valid unless both spouses execute and acknowledge it, and A.R.S. 25-214(C) requires both spouses to join in any disposition of an interest in community real property. Each spouse has sole management, control and disposition rights over separate property (A.R.S. 25-214(A)).

Can I get an alert if someone records a deed on my house in Arizona?

Yes. A.R.S. 11-467 required every county recorder to offer a notification system by January 1, 2025 for documents naming you as a party, and A.R.S. 11-544 requires each county assessor to offer an ownership and mailing-address change alert on or before January 1, 2027.

Does Arizona have a transfer-on-death deed?

Arizona uses the beneficiary deed under A.R.S. 33-405, which transfers the property at the owner's death if it is executed and recorded with the county recorder before death. It can be revoked by a recorded revocation.

Does a quitclaim deed remove me from the mortgage?

No. A deed changes ownership, not the loan; only the lender can release a borrower, for example when the lender and the new owner agree in writing, before the transfer, that the new owner will be obligated on the loan (12 CFR 191.5(b)(4)).