The Sixty-Day Recording Duty
This statute places a clear duty on the person transferring real estate. They must record the deed or transfer document within sixty days. The duty falls on the transferor, not the buyer.
It applies to any document showing the sale or transfer of property in Arizona. This includes any legal or equitable interest, except leases.
Any document evidencing the sale, or other transfer of real estate or any legal or equitable interest therein, excluding leases, shall be recorded by the transferor in the county in which the property is located and within sixty days of the transfer.
A.R.S. § 33-411.01The sixty-day window gives the transferor a reasonable amount of time to handle the recording. Once that window closes, the transferor's liability begins. The same deadline applies to quitclaim deeds, warranty deeds, and all other types.
What Happens When Recording Does Not Happen
If the transferor does not record the document within sixty days, they must protect the buyer. As a result, the transferor must cover the buyer in any action where their property interest is challenged.
This coverage includes costs, attorney fees, and even punitive damages. Recording also serves as public notice to future buyers and lenders.
Without recording, no one searching the public record would know the transfer happened. This gap can create serious problems if the property is later sold to someone else.
For families transferring property as part of an estate plan, recording promptly avoids this risk. Whether moving property into a trust or giving it to a family member, file the deed within sixty days.