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A.R.S. § 33-417

Validity of a Recorded Instrument by Date

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

Arizona applies the law in effect when a property document was created, not today's law. Older conveyances properly made under earlier rules remain valid. They can still be recorded even if requirements have since changed.

Title 33, CONVEYANCES AND DEEDS

azleg.gov

The Law at the Time Controls

Property documents can be decades old. A deed signed in 1960 may look different from one signed today. Arizona applies the law in effect when the document was created.

If the deed was properly signed and acknowledged under the rules of that era, it remains valid. Current law may have different requirements, but those do not apply to older documents.

The execution, acknowledgment, form or record of a conveyance or other instrument, shall depend for its validity and legality upon the laws in force when the act was performed.

A.R.S. § 33-417(A)

This principle matters when families find old property documents during estate administration. A deed from decades ago does not need to meet today's formatting rules. What matters is whether it met the rules of its time.

Historical Documents Remain Effective

Arizona goes further by protecting instruments recorded before October 1, 1913. The state treats these early documents as valid even without formal acknowledgment. They must have been properly signed and recorded with the county recorder of that era.

Instruments affecting real estate, duly signed and recorded in the office of the proper county recorder prior to October 1, 1913, are legal and valid to the same extent as if acknowledged and recorded as required by the provisions of this chapter.

A.R.S. § 33-417(C)

What This Means for Families Today

During probate or trust administration, families sometimes find older property records that look unfamiliar. This statute confirms those documents can still carry legal weight if they were valid when created.

A title company or attorney can help confirm the chain of title when older instruments are involved. This is especially common for properties that have stayed in the same family for generations.

If your family owns property that goes back several decades, the original recorded deed does not need to match modern standards. This can save time and reduce worry during estate settlement.

A. The execution, acknowledgment, form or record of a conveyance or other instrument, shall depend for its validity and legality upon the laws in force when the act was performed. B. Conveyances of real property made and acknowledged according to laws in force in this state at the time the conveyances were made and acknowledged shall have the same force as evidence, and may be recorded in the same manner and with like effect as conveyances executed and acknowledged pursuant to the provisions of this chapter. C. Instruments affecting real estate, duly signed and recorded in the office of the proper county recorder prior to October 1, 1913, are legal and valid to the same extent as if acknowledged and recorded as required by the provisions of this chapter.

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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