Arizona gift deed
Here is what Arizona actually requires on a gift deed. The witness rules, the notary block, the margins, the forms that have to travel with it, and where to record it, plus what the deed does and does not do.
- Recording office
- County Recorder
- Witnesses
- Notary only
- Transfer tax
- None
- First-page margin
- 2″ top
- Recording fee
- $30 per document
- E-recording
- Some counties open to the public
What a gift deed does in Arizona
A gift deed transfers property with no money changing hands, and it says so on its face. Stating the donative intent matters: it can support a transfer-tax exemption in states that tax transfers and it documents that the recipient paid nothing, which is exactly what a recorder, an assessor, and later the IRS will want to see. Mechanically it operates like a quitclaim. Immediate, and without title warranties.
A gift deed operates like a quitclaim deed but states that the transfer is a gift. Arizona exempts a deed of gift from the Affidavit of Property Value (A.R.S. § 11-1134(A)(7)), and Deedly prints that exemption, code A7, on the deed below the legal description.
The Arizona law behind this deed
Arizona has no section written specifically for gift deeds. The instrument runs on the general conveyancing and recording statutes below, which is why the requirements here look like those for any other deed in the state.
| What it governs | Citation |
|---|---|
| Conveyances generally | A.R.S. § 33-401 |
| Recording with the County Recorder | A.R.S. § 11-468 |
Less common in Arizona
Gift deeds are valid here but used less often than in other states. Read the limitations below carefully before choosing one.
When Arizona homeowners use a gift deed
- Give a house or land to a child or grandchild
- Transfer property to a sibling or parent for no payment
- Record that a transfer is a gift, for tax and title records
- Make a charitable gift of real estate
What Arizona requires on the deed
These are the execution and formatting rules county recorders enforce. Getting any of them wrong is the usual reason a deed comes back in the mail.
| Requirement | What Arizona says |
|---|---|
| Recording office | County Recorder |
| Notarization | Required. Each signer must appear before the notary and acknowledge the signature. Signing in front of the notary is the safest practice. |
| Witnesses | None required. A notarial acknowledgment is enough. |
| Legal description | Required, copied exactly from the prior recorded deed. A street address is not sufficient. |
| Grantee's address | Recommended. |
| Return address | Include a 'when recorded, return to' block so the original comes back to you. Deedly always prints one. |
| Preparer statement | Not required, but customary. |
| Prior deed reference | Not required, though it keeps the chain of title clean. |
| Page setup | 8.5 × 11 in, 2-inch clear space at the top of page one, 0.5-inch margins elsewhere, nothing under 10pt. This is the profile Deedly applies. |
| Accompanying form | None. A deed of gift is exempt under A.R.S. § 11-1134(A)(7), and Deedly prints that exemption code on the deed. |
A spouse may have to sign even if they are not an owner
Both spouses must join in any conveyance of community real property (A.R.S. §§ 25-214(C), 33-452).
How to complete and record it in Arizona
- Find your current deedYou need the legal description from it, word for word. If you can't find your copy, the County Recorder can provide one, usually for a few dollars.
- Identify everyone by full legal nameNames must match the current deed and government ID exactly, middle names included. A mismatch creates a gap in the chain of title that shows up years later at closing.
- Complete the deedDeedly builds it with the wording, notary certificate, and 2-inch first-page margin used for Arizona deeds.
- Sign in front of a notaryBring photo ID. Wait to sign until you are in front of the notary: you have to appear before the notary anyway, and signing there leaves no question about who signed.
- No Affidavit of Property ValueNo Affidavit of Property Value is needed. A deed of gift is exempt under A.R.S. § 11-1134(A)(7), and Deedly prints that exemption code, A7, on the deed below the legal description.
- Record it with the County RecorderFile in the county where the property is located and pay the recording fee. Arizona law lets a county recorder accept electronic filings from title companies, banks, Arizona attorneys, government agencies, and trusted submitters that have an agreement with the recorder (A.R.S. § 11-461(C), (J)). Pima and Yavapai counties also take filings from the public through online portals, and Maricopa accepts a single document through a third-party submitter. Elsewhere, check the county recorder's website, or record in person or by mail. Keep the stamped receipt. It fixes your priority date.
- Update insurance and tax recordsA change of ownership can affect your homeowner's policy, your homestead or senior exemption, and in some states the assessed value. Do this within a few weeks.
What it costs in Arizona
| Cost | Typical amount |
|---|---|
| Recording fee | $30 per document |
| Transfer tax | None in this state |
| Notary | Arizona caps the notary fee for an acknowledgment at $10 per signature (A.A.C. R2-12-1102(E)(1); A.R.S. § 41-316(A)), and a notary who travels may charge no more than the mileage and per diem allowed to state employees (A.R.S. § 41-316(B)). |
| Deedly | $29, one time (launch price, regular $39) |
| Attorney (for comparison) | $150–$700 for the same statutory document |
Arizona imposes no state real estate transfer tax, so the recording fee is normally your only cost beyond notarization.
Where to record it in Arizona
Arizona deeds are recorded with the County Recorder in the county where the property sits, not where you live. There are 15 counties in Arizona.
Arizona law lets a county recorder accept electronic filings from title companies, banks, Arizona attorneys, government agencies, and trusted submitters that have an agreement with the recorder (A.R.S. § 11-461(C), (J)). Pima and Yavapai counties also take filings from the public through online portals, and Maricopa accepts a single document through a third-party submitter. Elsewhere, check the county recorder's website, or record in person or by mail.
Recording offices we cover in Arizona: Maricopa, Pima, Pinal, Yavapai, Mohave, Yuma, Coconino. See all Arizona recording offices.
What a gift deed does NOT do
Being honest about the limits is more useful than a sales pitch. Every one of these catches somebody out.
- The recipient takes your original cost basis, not the current market value. A later sale can produce a large capital-gains bill that inheriting the property would have avoided.
- A gift over the annual exclusion requires you to file IRS Form 709, even if no tax is due.
- It is irrevocable once delivered and recorded. You can't take the property back if the relationship changes.
- Gifting a property within Medicaid's look-back period can create a penalty period for long-term-care eligibility.
Quirks of Arizona law that catch people out
- Arizona calls a transfer-on-death deed a beneficiary deed (A.R.S. § 33-405). It must be recorded during the owner's lifetime. Recording it after death does nothing.
- The recorder must refuse a deed that has neither an Affidavit of Property Value (Form 82162) nor the specific exemption from it noted on its face (A.R.S. §§ 11-1133(C), 11-1134(C)). Deedly prints the exemption code below the legal description when your answers show which one applies.
- Arizona sets the recording fee at $30 per document in every county, so page count does not affect cost (A.R.S. § 11-475(A)(1)).
- Arizona is a community property state, and both spouses must sign to convey community real property.
- Community property with right of survivorship is available and is usually the best choice for married couples: it avoids probate and preserves a full step-up in basis.
How to hold title in Arizona
When two or more people take title in Arizona and the deed says nothing more, the law presumes a tenancy in common, which means no automatic survivorship. If you want the survivor to take the whole property, the words have to be on the deed. Forms of co-ownership available in Arizona: joint tenancy with right of survivorship, tenancy in common, community property, and community property with right of survivorship.
Married couples
Property that either spouse acquires during the marriage is community property, except property acquired by gift, devise or inheritance (A.R.S. § 25-211). The tenancy-in-common default for co-owners does not apply to a grant to a married couple (A.R.S. § 33-431(A)).
$29, one time. Your finished deed appears in full before you pay, with Arizona's witness rules, margins, and recording instructions already applied.
Common questions
No. Arizona has no requirement that an attorney prepare a deed. What matters is the correct statutory language, an accurate legal description, proper notarization, and recording with the County Recorder. Deedly produces all of that for $29, versus roughly $150–$700 for an attorney to draft the same document. If ownership is disputed, the current owner has died without probate, or the transfer is tax-sensitive, use an attorney.
Expect $30 per document. Arizona has no state real estate transfer tax, so the recording fee is normally the whole cost. Arizona sets the recording fee by statute at $30 per document in every county, whatever the page count (A.R.S. § 11-475(A)(1)).
No. Arizona requires only that the grantor's signature be acknowledged before a notary public. Forms that show witness lines are usually generic templates borrowed from another state.
With the County Recorder in the county where the property is located, not where you live, and not where the buyer lives. Arizona has 15 counties. Arizona law lets a county recorder accept electronic filings from title companies, banks, Arizona attorneys, government agencies, and trusted submitters that have an agreement with the recorder (A.R.S. § 11-461(C), (J)). Pima and Yavapai counties also take filings from the public through online portals, and Maricopa accepts a single document through a third-party submitter. Elsewhere, check the county recorder's website, or record in person or by mail.
No, and this is the single most common misunderstanding about deeds. A deed changes who owns the property. The mortgage is a separate contract with the lender, and only a refinance or a written release from the lender removes a borrower. Someone can be off the deed and still fully liable on the loan.
Often, yes. Both spouses must join in any conveyance of community real property (A.R.S. §§ 25-214(C), 33-452). That surprises people, because the spouse is not becoming an owner. They are releasing rights the law gives them automatically. Deedly adds a joinder block for the signature when it applies.
Keep reading
- Arizona quitclaim deedTransfers whatever interest you have in a property, with no promises about the title.
- Arizona general warranty deedTransfers ownership with the strongest title guarantees the law allows.
- Arizona special warranty deedTransfers ownership, but only guarantees the title for the period you owned it.
- Arizona beneficiary deedNames who inherits your property, skips probate, and changes nothing while you're alive.
- All deed rules for ArizonaRecording offices, transfer tax, witness rules, and fees.
- Arizona recording officesWhere to file in each county.
Deedly is not a law firm
Its software and documents are not a substitute for the advice of an attorney. We provide self-help software and state-specific deed forms; you make your own decisions about your property. Using Deedly does not create an attorney-client relationship, and nothing here is legal advice. If your situation is complex or contested, talk to a licensed attorney in your state.