️ Types of Deeds in Arizona State — Understanding Property Transfers and Legal Protection

When transferring property in Arizona, the type of deed you use determines how ownership is conveyed—and what level of legal protection or warranty comes with it. Whether you’re buying a home, adding a spouse to title, transferring property to an LLC, or preparing an estate plan, selecting the correct deed is essential to safeguard your rights and avoid future disputes.

At the Law Office of Theresa Nguyen, PLLC, we assist clients in Arizona and Washington with properly preparing, reviewing, and recording deeds to ensure clear and legally enforceable property transfers.

⚖️ What Is a Deed?

A deed is a legal document that transfers ownership of real property from one person or entity (the grantor) to another (the grantee).
In Arizona, a valid deed must:

• Be in writing and signed by the grantor

• Include the legal description of the property

• Be notarized

• Be delivered and accepted by the grantee

• Be recorded with the County Recorder’s Office (e.g., Maricopa County Recorder)

Recording is not strictly required for validity—but it provides public notice of ownership and protects the buyer from third-party claims.

🧾 1. Warranty Deed

🔹 Overview

An Arizona Warranty Deed provides the strongest protection for the buyer. The grantor guarantees they own the property free and clear of liens, encumbrances, or title defects, except those disclosed.

🔹 Common Uses

• Traditional home sales

• Mortgage-financed property purchases

• Title-insured real estate transactions

🔹 Key Features

• Full warranty of ownership and title

• Promises to defend against future title claims

• Guarantees marketable title

✅ Best for: Standard real estate transactions where the buyer needs full legal assurance of ownership.

📜 2. Special Warranty Deed

🔹 Overview

A Special Warranty Deed offers limited title protection. The grantor warrants that no title defects occurred during their period of ownership, but makes no guarantees about previous owners.

🔹 Common Uses

• Commercial real estate sales

• Foreclosures or REO property transfers

• Business or investment property

🔹 Key Features

• Covers only the grantor’s ownership period

• Excludes prior liens or title issues

• Common in institutional or developer transactions

💼 Best for: Business-to-business or investment property transfers where partial title protection is acceptable.

🧑‍⚖️ 3. Quit Claim Deed

🔹 Overview

The Quit Claim Deed (often called “Quitclaim Deed”) transfers whatever ownership interest the grantor currently holds—without any warranties or guarantees. The grantor simply “quits” any claim they have to the property.

🔹 Common Uses

• Family transfers (between spouses, siblings, or parents and children)

• Adding or removing a spouse after marriage or divorce

• Gifting property to another family member

• Transferring property into a trust or LLC

🔹 Key Features

• No title warranty

• Simple and fast to prepare

• Frequently used for non-sale transfers

⚠️ Best for: Internal or family transactions where the parties know and trust each other.

🏠 4. Beneficiary Deed (Transfer on Death Deed)

🔹 Overview

An Arizona Beneficiary Deed (also known as a Transfer on Death Deed) allows an owner to name a beneficiary who automatically receives the property when the owner dies—without probate.

🔹 Common Uses

• Estate planning tool to avoid probate court

• Simplified inheritance for primary residence

🔹 Key Features

• Remains revocable until death

• Must be recorded before the owner’s death

• Beneficiary receives property subject to liens or mortgages

🌿 Best for: Homeowners who want to pass property directly to heirs without a will or probate.

🪪 5. Disclaimer Deed

🔹 Overview

A Disclaimer Deed is unique to Arizona community property law. It’s used when one spouse disclaims any interest in a property purchased by the other spouse, ensuring the property remains separate property rather than community property.

🔹 Common Uses

• Married couples where one spouse buys property individually

• Protecting premarital or inherited assets

🔹 Key Features

• Must be signed and notarized by the non-owning spouse

• Filed with the County Recorder

• Creates clear distinction between separate and community property

💍 Best for: Married buyers who wish to keep property separate under Arizona’s community property laws.

🧩 6. Trustee’s Deed

🔹 Overview

A Trustee’s Deed is used when property held in a trust is conveyed to a beneficiary or third party. It is signed by the trustee acting on behalf of the trust.

🔹 Common Uses

• Trust distributions to heirs

• Real estate held in living trusts

• Sales from trusts

🔹 Key Features

• Conveys property per the trust’s terms

• Typically no personal warranties from the trustee

• Requires trust certification or supporting documents

🕊️ Best for: Estate plans involving trusts or property management under fiduciary duty.

🧾 7. Deed of Trust (Mortgage Instrument)

🔹 Overview

While not technically a transfer deed, the Deed of Trust is the most common security instrument in Arizona. It’s used instead of a traditional mortgage and involves three parties:

• Borrower (Trustor)

• Lender (Beneficiary)

• Trustee (neutral third party holding title until loan repayment)

🔹 Key Features

• Used for financed purchases

• Allows nonjudicial foreclosure if borrower defaults

• Recorded in the county where the property is located

🏦 Best for: Any financed real estate transaction.

🪙 Recording and Legal Requirements

All Arizona deeds should be notarized and recorded with the County Recorder’s Office (e.g., Maricopa, Pima, or Pinal County).
Recording ensures:

• The deed becomes part of the public record

• Ownership is protected from subsequent claims

• Proper assessment and tax updates occur

Fees typically range from $15–$30 per document, depending on county and page count. Some transfers may also trigger Affidavit of Property Value filings with the Arizona Department of Revenue, unless exempt under A.R.S. § 11-1134 (e.g., gifts, divorce transfers, or inheritance).

💡 Pro tip: Use the correct exemption code when filing to avoid unnecessary transfer taxes.

👩‍⚖️ How the Law Office of Theresa Nguyen, PLLC Can Help

We provide comprehensive real estate transfer and estate planning services across Arizona and Washington, including:

• Drafting and recording all types of deeds

• Structuring transfers to avoid probate and minimize taxes

• Preparing Affidavits of Property Value and exemption claims

• Coordinating with title companies, lenders, and county recorders

Whether you’re transferring a home to family, creating a trust, or managing real estate as part of your estate, we ensure every document complies with A.R.S. Title 33 and local county requirements.

📍 Offices serving Tempe, Phoenix, Scottsdale, Tucson, and statewide Arizona
📞 Contact us today to schedule a consultation for your property transfer or estate plan.