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A.R.S. § 33-402

Deed Forms: Quitclaim, Warranty, and More

Verified April 4, 202657th Legislature, 1st Regular Session

Arizona law provides four basic deed forms for transferring property: a quitclaim deed (transfers only the interest the grantor has), a conveyance deed (a general transfer), a warranty deed (includes a guarantee of clear title), and a mortgage deed. These forms can be adapted to fit specific needs.

Title 33, CONVEYANCES AND DEEDS

azleg.gov

Four Standard Deed Forms

Arizona recognizes four basic templates for property transfers. Each serves a different purpose. The right choice depends on the level of protection the buyer or recipient needs. All deeds must be signed by the grantor and filed at the county recorder's office.

The following or other equivalent forms varied to suit circumstances are sufficient:

A.R.S. § 33-402

A quitclaim deed transfers whatever interest in the property the grantor currently holds, with no promises about title quality. If the grantor has full ownership, the recipient gets full ownership. If the grantor has nothing, the recipient gets nothing. Quitclaim deeds are common between family members, divorcing spouses, or when clearing up title issues.

A conveyance deed (sometimes called a grant deed) is a straightforward transfer of Arizona property. It does not include the full title guarantees of a warranty deed.

A warranty deed goes further. The grantor guarantees clear title "against all persons whomsoever." This means the grantor is personally responsible if a title defect surfaces later. This is the strongest protection a buyer can receive.

Choosing the Right Deed

A mortgage deed uses the conveyance form but adds a condition: the transfer becomes void once the borrower pays off the debt. This is the traditional structure behind a property-secured loan.

An affidavit of property value often accompanies a deed to document the sale price. This is a separate requirement from the deed itself but is part of the recording process.

For estate planning purposes, the deed type matters. Transferring property into a living trust typically uses a warranty deed or a special warranty deed to maintain clean title. Adding a beneficiary deed is a separate tool under A.R.S. 33-405 that allows property to pass at death without probate. Understanding which form fits your situation is an important part of keeping your estate plan funded and your title clear.

The following or other equivalent forms varied to suit circumstances are sufficient: 1. To quit claim: For the consideration of ______________, I hereby quit claim to A.B. all my interest in the following real property (describing it). 2. To convey: For the consideration of ______________, I hereby convey to A.B. the following real property (describing it). 3. To convey and warrant: The same as the preceding form, adding "and I warrant the title against all persons whomsoever" (or other words of warranty). 4. To mortgage: The same as to convey, adding the following: "To be void upon condition that I pay, etc."

This page provides general legal information about Arizona statutes and is not legal advice. For guidance on how this law applies to your situation, speak with a qualified attorney.

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