Quitclaim Deed Arizona: 5 Rules to Protect Your 2026 Sale
In Arizona a quitclaim deed moves whatever you own and promises nothing. Five rules for when it works, when it doesn't, and what the recorder will refuse.
Contents
A quitclaim deed in Arizona hands over whatever interest the signer owns and promises nothing about it. That’s the whole form. Five quitclaim deed Arizona rules protect a 2026 sale from the mistakes a downloaded PDF invites. I’ll cover what the deed does, the five rules, the affidavit the recorder checks, and why a Tucson buyer won’t take one.
What a quitclaim deed does in Arizona
The quitclaim deed Arizona law provides is one line long. A.R.S. 33-402 prints it: “For the consideration of ______________, I hereby quit claim to A.B. all my interest in the following real property (describing it).”1 Consideration just means what you got for it, and the form moves your interest. It says nothing about whether that interest is any good.
The same section prints two more forms, and form 2 simply “conveys” the property. Form 3 takes that language and adds “and I warrant the title against all persons whomsoever.”1 That one clause is the whole difference between a quitclaim and a warranty deed. A warranty is a promise you’ll stand behind the title. The quitclaim deed Arizona sellers download carries no such promise.
| Form | Wording | Promise |
|---|---|---|
| Quit claim | “I hereby quit claim to A.B. all my interest” | None stated |
| Convey | “I hereby convey to A.B. the following real property” | None stated |
| Convey and warrant | “and I warrant the title against all persons whomsoever” | Warranty of title |
Two words matter on the form. The grantor is the person signing, and the grantee is the person receiving whatever that signature carries. Under A.R.S. 33-401, every deed must be signed by the grantor and acknowledged before an officer authorized to take acknowledgments.2 Acknowledged means a notary watched you sign, so a signature at the kitchen table doesn’t finish the job.
I’d rather a seller read those twelve words of statutory form than any guide, mine included. The seller who skips them thinks they’ve given the buyer a promise. They haven’t. The full side-by-side lives in quitclaim deed vs warranty deed. Read the form, then read the rules.
5 quitclaim deed Arizona rules that protect your sale
Run through these quitclaim deed Arizona rules before you fill anything in. They’re in the order they bite; break one and the free PDF stops being free.
- Never use one where money changes hands. The form promises nothing.1 A buyer paying real money is buying your promise as much as the dirt, and the quitclaim deed Arizona form doesn’t contain one. Use the convey-and-warrant form instead.
- If the house is community property, both spouses sign. A.R.S. 25-211 makes property either spouse acquires during the marriage community property, except what comes by gift, devise or descent.5 A.R.S. 33-452 says a conveyance of community property is not valid unless executed and acknowledged by both husband and wife.4 One signature moves nothing.
- Attach the Affidavit of Property Value, or write the exemption on the deed. A.R.S. 11-1133(C) tells the recorder to refuse any deed that arrives without a complete affidavit, unless the deed notes an exemption under 11-1134.6 More on that sheet below.
- Sign in front of a notary. A.R.S. 33-401(B) requires the acknowledgment.2 A.R.S. 33-411(B) adds that an instrument isn’t lawfully recorded unless it was acknowledged first.3
- Record it at the county recorder. Under A.R.S. 33-411(A), an unrecorded deed gives no notice of its contents to a later purchaser for value.3 Sign it, leave it in a drawer, and a later buyer who records first can take the property.
I treat rule 1 as the one that pays for the other four. Break it and the buyer’s lender, not the recorder, is the one who sends the deal back. Rules 2 through 5 cost you a signature, a form, a notary and $30.8 Rule 1 costs you the sale.
One footnote on rule 4: a defect in the notary certificate isn’t fatal once the deed is recorded. A.R.S. 33-401(D) treats a recorded deed with a defective acknowledgment as duly acknowledged from the date of recording.2 That rescues an old deed already on file. It doesn’t help you at the window today, because the recorder still wants the acknowledgment before the deed counts as lawfully recorded.3
The affidavit the recorder actually checks
Sellers remember the deed and forget the cover sheet. A.R.S. 11-1133(A) requires an affidavit appended to each deed that transfers title, in a form approved by the Department of Revenue.6 It declares the buyer and seller, the legal description, the date of sale, the total consideration paid, the assessor’s parcel number, and the relationship between the parties.6
The Department of Revenue’s form is number 82162, the Affidavit of Property Value. The department says it “is used to record the selling price, date of sale and other required information about the sale of property.”11 Download form 82162 before you drive over. The recorder “shall refuse to record any deed” that arrives without a complete one, unless the deed itself notes an exemption.6 The quitclaim deed Arizona rejections I hear about are usually over this one sheet.
Check the exemptions first, because the jobs a quitclaim deed Arizona homeowners actually need are on the list. A.R.S. 11-1134(A)(4) exempts a quitclaim deed to quiet title, or one “otherwise executed for no monetary consideration.”7 Subsection B adds nominal-consideration transfers between spouses, parent and child, grandparent and grandchild, and siblings. It also covers a transfer to a trustee and a legal name change.7 A deed of gift is exempt too.7
The exemption isn’t automatic. A.R.S. 11-1134(C) says an exempt instrument “shall note the exemption on the face of the instrument at the time of recording.”7 It has to name “the specific exemption that is claimed.”7 So write the subsection on the deed, because leaving it off means the recorder treats the deed as a regular transfer and refuses it.
I’d fill in form 82162 even when you’re sure the transfer is exempt. A wrong exemption note costs you a rejected packet; a spare affidavit costs you ten minutes. If a buyer’s lender is waiting on a recorded deed, that second trip is your closing date.
When a quitclaim deed is the right tool in Arizona
This is where I argue against my own business. Moving the house into your own living trust, taking an ex off title after a divorce, or fixing a misspelled name? A quitclaim is all you need. HomeRise has nothing to sell you on those jobs, so record it yourself for $30 and skip the listing.8
Each of those jobs has an exemption waiting. A legal name change is 11-1134(B)(14). Moving title to a trustee for nominal consideration is 11-1134(B)(8). Conveying under a court order is 11-1134(A)(5).7 Write the one you’re claiming on the deed and the affidavit stays home.
Then there’s a quirk almost nobody writes about, built on quiet title: a lawsuit to settle who really owns a property. A.R.S. 12-1103(B) covers the twenty days before that suit is filed. The party planning to sue can ask whoever holds an apparent adverse interest to sign a quitclaim deed, and tender five dollars for it.9
If that person refuses or neglects to comply, the court may award the plaintiff an attorney’s fee on top of ordinary costs.9 Five dollars is the tender, and refusing it is how the other side ends up paying your lawyer.
Estate planning is a different job again. A.R.S. 33-405 gives Arizona a beneficiary deed, which conveys an interest to a named grantee and takes effect on the owner’s death.10 It has to be recorded before the owner dies or it’s void, the owner can revoke it at any time, and it can name the trustee of a revocable trust.10 Other states call this a transfer on death deed.
I’d reach for the beneficiary deed over a lifetime quitclaim whenever the goal is an estate plan. A quitclaim signed today is a transfer today, and you can’t take it back. Give away the house now and you’ve also given away the right to change your mind.
The wrong deed for a Tucson sale, and the real cost
A Tucson sale isn’t a name change. MLSSAZ, the listing database owned by the Tucson Association of REALTORS, reported a July median sales price of $356,000 on 1,317 closed sales.12 A buyer writing a check at that price is buying the seller’s promise as much as the dirt. The quitclaim deed Arizona form contains no promise.1 If an old lien or a missed heir surfaces, the buyer has no warranty to fall back on.
Nothing in the statute bars a lender or title company from accepting a quitclaim; it just says the deed carries no warranty.1 I’d rather lose a $95 listing than watch a seller hand a buyer a quitclaim. In my experience the file sits until a warranty deed shows up, and a buyer who has waited three weeks finds another house. Sell with the convey-and-warrant form.
And when title is tangled, a lawyer beats a listing. A missed heir, a deed sitting unrecorded in a drawer, a spouse who never signed. Those are quiet-title problems, and no flat fee MLS listing fixes them. Pay the lawyer first, and list when the title is clean. The piece on whether you need a lawyer to sell a house covers when that’s worth it.
Now the money. Recording the deed costs $30 per instrument under A.R.S. 11-475(A)(1).8 That’s the cheap part of any Arizona closing, and the rest of your closing costs in Arizona are small next to the listing fee. At Tucson’s $356,000 median, a 3% listing-side fee is $10,680 and 2.5% is $8,900.12 HomeRise’s flat fee is $95 to list plus a $495 fee at settlement, $590 in total.14
| Option | Listing cost | You keep |
|---|---|---|
| 3% listing agent | $10,680 | baseline |
| 2.5% listing agent | $8,900 | $1,780 more |
| Flat fee, $95 + $495 | $590 | $10,090 more |
Recording is $30, and listing at 3% is $10,680. Arguing about the deed form is the wrong place to hunt for savings, and the listing fee is the right one. A flat fee MLS listing in Arizona goes on ARMLS or the Tucson Association of Realtors MLS, depending on the county.15 So a Tucson listing sits in the same database a full-commission listing does.
For scale, NAR put the national median existing-home price at $434,100 in July, up 2.0% from $425,700 a year earlier.13 Tucson sits well below that, and the gap changes nothing about the deed. A cheaper house still needs a promise the quitclaim never makes.
Cheap deed, expensive exit. The $30 form was never where the money went.
So the order is short: if nobody is paying you, the quitclaim is fine. Sign it in front of a notary, write the exemption on it, and hand the recorder $30. If someone is paying you, that’s a sale, and a sale gets the warranty form and a listing. That’s the quitclaim deed Arizona rule that matters most, and the buyer’s lender will enforce it whether you read it or not.
Frequently Asked Questions
Are quitclaim deeds legal in Arizona?
Yes. A.R.S. 33-402 prints the statutory quitclaim form, so a quitclaim deed Arizona homeowners sign and record is fully legal. Legal isn’t the same as useful when a buyer is paying for the house.
How much does it cost to record a quitclaim deed in Arizona?
A.R.S. 11-475 sets the recorder’s fee at $30 per instrument where no other fee applies. The notary’s charge is separate, and I don’t have a published statewide figure for it. Budget the $30 and ask the notary.
Do I need an Affidavit of Property Value with an Arizona quitclaim deed?
Yes, unless the deed notes an exemption on its face. A.R.S. 11-1133(C) tells the recorder to refuse a deed without a complete affidavit, and 11-1134(A)(4) exempts a quitclaim deed Arizona owners execute for no monetary consideration. Write the specific exemption on the deed or bring form 82162.
Can I use a quitclaim deed to sell my house in Tucson?
You can sign one, but the quitclaim deed Arizona sellers download carries no warranty. A buyer paying Tucson’s $356,000 median then has nothing to fall back on if a lien surfaces. I wouldn’t offer one; a sale uses the convey-and-warrant form in A.R.S. 33-402.
Does a quitclaim deed in Arizona need a notary?
Yes. Every quitclaim deed Arizona recorders accept must be signed by the grantor and acknowledged before an authorized officer under A.R.S. 33-401(B). Under 33-411(B) an instrument isn’t lawfully recorded unless it was acknowledged first, so without the notary the deed doesn’t get on the record.
Sources
- A.R.S. § 33-402, Forms for conveyances; quit claim; conveyance; warranty; mortgage
- A.R.S. § 33-401, Formal requirements of conveyance; acknowledgment; defects
- A.R.S. § 33-411, Invalidity of unrecorded instrument as to bona fide purchaser; acknowledgment required for proper recording
- A.R.S. § 33-452, Conveyance of community property
- A.R.S. § 25-211, Property acquired during marriage as community property; exceptions
- A.R.S. § 11-1133, Affidavit of legal value
- A.R.S. § 11-1134, Exemptions
- A.R.S. § 11-475, Fees; exemptions (county recorder)
- A.R.S. § 12-1103, Disclaimer of interest and recovery of costs; request for quit claim deed
- A.R.S. § 33-405, Beneficiary deeds; recording; definitions
- Arizona Department of Revenue, Form 82162, Affidavit of Property Value
- Multiple Listing Service of Southern Arizona (MLSSAZ), July 2026 market figures
- National Association of REALTORS, Existing-Home Sales Report, August 11, 2026
- HomeRise pricing: $95 flat listing fee, $495 fee at settlement
- HomeRise, Flat Fee MLS Arizona: MLS coverage (ARMLS and Tucson Association of Realtors MLS)