Detailed Answer

Disclaimer: This article is for informational purposes only. It does not constitute legal advice. Consult a qualified attorney to discuss your specific situation.

Which Deed Should Heirs Use Under Arizona Law?

When heirs inherit real property and wish to convey their interests, they typically use a quitclaim deed. A quitclaim deed transfers whatever interest the grantor (the heir) has without any warranty of title. Arizona Revised Statutes § 33-405 defines and governs quitclaim deeds. You may also use a special warranty deed or a general warranty deed if you are willing to warrant title against defects that arose during your ownership period. Those deeds are governed by:

General Warranty Deed (A.R.S. § 33-402): ars/33/00402
Special Warranty Deed (A.R.S. § 33-403): ars/33/00403

In practice, heirs prefer quitclaim deeds for speed and simplicity. Title insurers may require additional endorsements or clear title evidence.

How to Prepare and Execute the Deed

Obtain a standard form deed for the jurisdiction where the property lies. Even if you sign in Arizona, the deed must comply with the recording state’s form requirements.
Fill in the legal description of the property exactly as it appears on last deed or tax records.
List all grantors (heirs) by name and their percentage interest (if ownership is split unequally).
Choose the deed type (quitclaim, special warranty, or general warranty) and include the statutory warranty language based on A.R.S. §§ 33-402 through 33-405.
Sign before an Arizona notary public. A.R.S. § 33-401 requires an acknowledgment for all deeds: ars/33/00401.
If the property is out of state, confirm that your Arizona notary acknowledgment meets the other state’s standards or use an authorized agent in that state.

Recording the Deed in the Other Jurisdiction

After execution and notarization, deliver the original deed to the county recorder’s office where the property is located. Follow these steps:

Pay the required recording fees and transfer taxes (if any) in the recording county.
Submit a signed Real Estate Transfer Declaration or similar form, if required by that state or county.
Request a certified copy of the recorded deed for your records.

Ensure that the recorded deed references the correct book and page (or instrument number). Mistakes can lead to title defects and hinder future sales.

Helpful Hints

Always verify the exact legal description and parcel number with the county assessor’s office.
Discuss title insurance options if buyers or lenders require a warranty.
If no probate occurred, file an affidavit of heirship or small estate affidavit in the property state to establish chain of title.
Check for state-specific acknowledgment language or notary seal requirements where the property is located.
Keep all original documents and certified copies in a secure place.