When Recording Applies
Some property interests pass through instruments that are filed or recorded with a county office, such as real estate deeds or certain trust documents. When a disclaimer involves one of these recorded instruments, Arizona allows the disclaimer itself to be recorded in the same way.
If an instrument transferring an interest in or power over property subject to a disclaimer is required or permitted by law to be filed, recorded or registered, the disclaimer may be so filed, recorded or registered.
A.R.S. § 14-10015Recording is optional, not mandatory. The disclaimer is valid whether or not it ends up in the public record. But recording serves a practical purpose: it puts the world on notice that the property interest changed hands through a disclaimer rather than a voluntary transfer.
Validity Between the Parties
Even without recording, the disclaimer is fully effective between the person who disclaimed and the person who receives the property as a result. The statute makes this explicit.
Failure to file, record or register the disclaimer does not affect its validity as between the disclaimant and person to whom the property interest or power passes by reason of the disclaimer.
A.R.S. § 14-10015That said, recording can help avoid disputes down the road. If a disclaimed interest involves real estate, recording the disclaimer creates a clear chain of title. Without it, a title search might not reflect the disclaimer, which could complicate a future sale or refinance. For real property disclaimers, recording is strongly recommended even though the law does not require it.
