how to transfer property title in arizona

You will complete the title transfer at an Arizona Motor Vehicle Division (MVD) title office or via dealership (with 15 days). A deed allows the current owners (grantors) to transfer property to new owners (grantees). Whether a Preservation and Improvement Fee and Transfer Fee are charged depends upon how title is held by the parents. With a quitclaim deed, the seller transfers whatever interest in the property that they own. The theory behind Section 33-405 of the Arizona Revised Statutes is to create a transfer-at-death type of grant to a third party without the need for special administration at the time of death. For example, the deed must have original signatures. It must be on paper no wider than 8 1/2 inches and no longer than 14 inches, and the print size cannot be smaller than 10-point type. This article covers the difference between the two types of deeds and the process for filing them. With a quitclaim deed, you guarantee only that you are giving up whatever you might have owned. Community Property– Only married people can hold title as community property. A deed allows the current owners (grantors) to transfer property to new owners (grantees). Evidence of that ownership is shown in the deed. In this initial phase, there are limitations on the vehicles eligible for transfer. When multiple people own real estate or property, ownership of the property is typically shared as either joint tenancy or as tenants in common. The grantor transfers the property’s title. The specific requirements a deed must meet may vary by state, but in general, the deed must contain at minimum: … A quitclaim deed does not provide any warranty or guarantee of title. Go with the buyer/seller to a DMV title transfer office. Registering land or property in England - first time registration, transfer of ownership, changing your details on the register, where to register in Scotland or Northern Ireland This involves verifying ownership on both subdivision lots as well as on metes and bounds parcels. Pay a $4 title transfer fee PLUS registration fees and taxes. Property acquired by a husband and wife is presumed to be community property unless legally specified otherwise. Property title transfer via a deed is known as conveyance. In Arizona, Title 33 of the Arizona Revised Statutes (2012) contains most of the important details. Tip. If you own real estate in Arizona and want to make sure it passes to your heirs without the hassle of probate court, you can use a transfer-on-death (TOD) deed. Read More: How to Transfer a House Deed. The process of doing so is regulated by state law and depends on the type of asset and how it was owned at the time of death. Quitclaim deeds can be used in a variety of situations to legally transfer property to a trust, co-owner, or different ownership structure. There are different deed forms depending on the type of transfer required. The main function of the Title Department is to transfer ownership, taken from recorded deeds. To address the above issue, the Arizona legislature adopted A.R.S. You can transfer real estate by completing a deed. For many people, a review of the state's laws governing real estate deeds is a good starting point. In Arizona, as in other states, property ownership is determined by the property's deed, and the recorder's office records deeds in the county where the property sits. As a seller, it safeguards you from being sued by your family member, spouse or future buyer later if it turns out there’s an issue with the deed or you didn’t have full ownership of the house. The theory behind Section 33-405 of the Arizona Revised Statutes is to create a transfer-at-death type of grant to a third party without the need for special administration at the time of death. Recording the deed is the final step in transferring property title. Copyright 2020 Leaf Group Ltd. / Leaf Group Media, All Rights Reserved. Example: After the LLC acquired title it discovers that the property is encumbered by a $25,000 lien. If you live in Arizona and own a vehicle, good news! The quitclaim deed replaces the current deed. Transfer real property using a deed. Sign the instrument before a notary and file it at the county recorder's office along with other appropriate paperwork required by your state. The grantor transfers title in the property either directly to the trust to a nominee partnership, an entity that acts as owner of the property on behalf of the trustee. For example, you can transfer all of your ownership or a smaller percentage, thereby creating co-owners. Can You Change a Deed Anytime You Want to if You Have Power of Attorney? The first requirement for nearly any real estate deed is that it must be in writing. The procedure for transferring real property from an estate to someone other than a designated beneficiary, for example if real property is sold by an executor , however, is not handled by a certificate of transfer. If you transfer a piece of property that has a title, such as a car, you'll need to sign the title over to the LLC and execute a new title in the name of the LLC. How to Complete a Vehicle Title Transfer in Arizona. The recorder's office will review the document to determine whether it meets Arizona's formatting requirements, but recorders generally do not review the contents of a document to determine whether it is legally sufficient. Once the deed is signed, it is recorded in the land records of the county where the property is located. To transfer the land to the LLC the owner(s) must sign a deed and the deed must be recorded with the county recorder of the county in which the real estate is located. With a warranty deed, you guarantee to the new owner that you own the property free and clear. Arizona Revised Statues Section 28-2055 permits a vehicle owner to transfer the vehicle on his or her death by designating one or more beneficiaries. Each spouse may provide by will for the disposition of his or her community interest in the community real property. Note: Arizona is a community property state. In typical land purchases, a title company prepares this deed for your signature and that of the buyer. And there are many great estate planning options available to smoothly transfer title upon the owner’s death outside of probate, including the careful use of the beneficiary deed. This certificate of transfer is the document that actually transfers title for the real property to the relevant beneficiaries denoted in a will. If you transfer real estate as a gift, you will be subject to the gift tax. Arizona is a community property state, so all assets and debts acquired during the marriage are considered marital property. By executing a new deed to the property and filing it with the appropriate government office, the grantor usually completes the transfer. Different forms of property ownership are handled in different ways when an owner dies. Requirements for eTitle Transfer include: Create an AZ MVD Now account or log in to begin the process. Previously only people with estates having a net personal property value of $75,000 or less could take advantage of this method of transfer. Only buyer(s) must be present at MVD to transfer title, however ideally buyer and seller go to MVD to transfer title to help expedite any last-minute issues that arise at the MVD. There are different deed forms depending on the type of transfer required. In Arizona, a husband and wife may take title to property as husband and wife, as community property, since Arizona is a community property state. Assets owned in joint tenancy. Bring forms to your local MVD in the county to pay transfer tax and transfer ownership. Complete the Title and Registration Application (Form 96-0236). You must record the deed, evidencing your land transfer, by delivering a copy or original to the county recorder's office for the county in which the property is located. If a condition is met, you must use the appropriate exemption code on the deed. However, there is no requirement that the deed be prepared by a title company or attorney to be valid in Arizona. 4. A home is not legally conveyed unless the deed meets certain requirements. To be valid, each deed must meet the requirements of Arizona law. If you bought the home during the marriage, you don't necessarily need to add your wife to the deed for her to have ownership rights. Property acquired by a husband and wife is presumed to be community property unless legally specified otherwise. There are many options for generating a quitclaim deed, but you should proceed with caution before executing the transfer. The transfer is required if you sold, donated, or gifted your car, too. Arizona Quitclaim Deed. Notary IS needed on Bill of Sale and Title(s). Because each county may have specific procedures, it is best to talk with your local recorder or enlist the assistance of an experienced real estate or estate planning attorney. In Arizona, Title 33 of the Arizona Revised Statutes (2012) contains most of the important details. File a petition with the county court where the decedent lived or owned property, and include a list all of the potential heirs to the estate. However, Arizona community property law requires both spouses to join in a conveyance or encumbrance of community real property. 1. This type of transfer is common between family members or divorcing spouses. To transfer the land to the LLC the owner(s) must sign a deed and the deed must be recorded with the county recorder of the county in which the real estate is located. Grant Deed. Once the transfer is complete, no paper title is printed. Title refers to your ownership of the property. Buyer will likely be able to walk out of the MVD with a new title(s) in hand. Types of Ownership. Arizona deeds must meet the legal requirements established by Arizona statutes, including a brief statement of the purpose of the document, description of the land's location, your full name and that of the recipient and a description of the purchase price. § 33-405 which created for the first time in Arizona the use of beneficiary deeds. Vehicle owners can complete the title transfers for cars through a local office of the state’s Motor Vehicle Division (MVD) or through an authorized third party provider.. Warnings: 1. How to Transfer Real Estate After Death. A deed of conveyance recorded at the Maricopa County Recorder's Office legally changes owner's names on real property. Transfer property in Arizona quickly and easily using this simple legal form. When a trust is taking title to real property in Arizona, the identity of the beneficiaries must be included, although this does not necessarily need to be done in the signature block (Ariz. Rev. A deed is a written document that transfers property ownership from one person or entity to another person or entity. A general warranty deed is used to transfer an interest in real estate in Arizona in most real estate transactions. The title is stored electronically. Arizona law is somewhat specific about the format for a deed or other recorded instrument. Co-buyers can take title as joint tenants with right of survivorship or tenants in common. A definition of a “legal entity” may be a corporation, partnership, an association or trust, just to name a few. Continue reading below for complete instructions on auto title transfers. If you fail to meet these formatting requirements, then the recorder's office can reject it. Quitclaim deeds are generally exempt, but the recorder's office will not allow the recording to proceed if you need one. Once the deed is signed, it is recorded in the land records of the county where the property is located. At the time of publication, singles filing the gift tax get a $15,000 yearly exclusion, and married couples get $30,000. Utilizing a secure online system, customers can complete the process without visiting an MVD office. How to Transfer the Property Through Probate First, you’ll need to initiate probate. Joint or community property is covered in ARS 33-431. The main function of the Title Department is to transfer ownership, taken from recorded deeds. Arizona real estate is transferred using a legal document called a deed. A quitclaim deed may also be used to add, delete or change a name on the title. The owner of real estate may record a deed in the county in which the property is located in order to transfer title to another upon the owner’s death. Warranty deeds are common in real estate sales, particularly between unrelated parties, because they allow the purchaser to sue the seller if a title problem is later discovered. The MVD will only transfer a vehicle title if at least 30 days has expired past the owner's death, the vehicle's value doesn't exceed $50,000, and if you have the right to inherit the vehicle by will or intestate succession, which implies that you are the spouse or child of the deceased. When you buy a vehicle, Arizona law requires that you apply for a title within 15 days of purchase. These deeds filed at the Recorder’s Office in the county where the property is located Generic eneficiary Deed available from Greenlee ounty Recorder’s Office • Quit claim deeds conveys a grantor's complete interest or claim in certain real property … The Arizona deed forms are used to convey real property from one person (grantor) to another (grantee). §33-405) transfer property upon death. For trustees, funding a trust with real estate involves transferring the property’s title, drafting a new deed and getting it signed, and assuming responsibility for the property. A home is not legally conveyed unless the deed meets certain requirements. A deed is a legal document which describes the property being sold and must be signed by the sellers. Contact your lender if you're still making payments on the property you want to transfer to your LLC and get their permission. Stat. You must record the deed, evidencing your land transfer, by delivering a copy or original to the county recorder's office for the county in which the property is located. • eneficiary deeds (A.R.S. Except as provided in subsection F of this section, when the title or interest of an owner of a registered vehicle passes to another other than by voluntary transfer, the transferee shall obtain a transfer of registration within thirty days after the passing of the title or interest. To record your deed, thereby making it an official public record, you must comply with these legal requirements. Title Insurance Issue #1. Our ARIZONA QUITCLAIM DEED may be used legally to transfer Arizona real property rights to another person or legal entity. If a married person acquires title as sole and separate, his or her spouse must execute a disclaimer deed to avoid the presumption of community property. In the state of Arizona the process to transfer a mobile home title from one owner to the next is fairly simple and straightforward. Please see form AZ-ET10 for distribution of the personal property in a small estate. The deed must have at least a one-half inch margin on all sides, and the first page of the deed must have a top margin of at least two inches. Utilizing a secure online system, customers can complete the process without visiting an MVD office. Arizona requires buyers and sellers of real property to submit this with all real estate recordings if necessary. You can make your home a marital … Frances holds a Bachelor of Arts in social studies education from the University of Wyoming and a Juris Doctor from Baylor University Law School. The first requirement for nearly any real estate deed is that it must be in writing. An electronic title transfer is available, or the buyer may contact an MVD Office or Authorized Third Party provider and provide a signed off title and title application to complete the process. When you, as a property owner, want to transfer your ownership interest, or part of it, to someone else, you must use a deed to officially give the property to its new owner. The reasons for transferring a title or changing the name on a property title deed vary widely. A deed of gift is often used when a parent gifts a property to a child.A quitclaim deed is used to relinquish interest by an owner, perhaps in a short sale. At the time you file the deed, you must file an affidavit of value, signed by you and the buyer, which certifies for tax purposes the value of the transferred property. How to Write a Deed With Power of Attorney. After a loved one dies, their property needs to be transferred or retitled. Once you decide what type of transfer is most appropriate for your situation, you must draft the deed itself or have an attorney or document provider draft it for you. This … A grantor may choose to transfer real property into a trust. Disclaimer: This page is not intended for mobile home investors. In Arizona, property law is governed by ARS Title 33. The most common exemption code related to a divorce is A5, which refers to a conveyance recorded to satisfy a court order. eTitle Transfer allows qualified sellers and buyers to transfer vehicle ownership electronically. Example: After the LLC acquired title it discovers that the property is encumbered by a $25,000 lien. As the name implies, the quitclaim deed allows you to "quit" or give up a share of your interest in the home. Description Arizona Transfer Title This form may be used to distribute the real estate of a decedent when the value of all the real estate owned by the decedent in Arizona doesn't exceed $100,000. Assets owned in joint tenancy. Under Arizona Revised Statutes §11-1134, an Affidavit of Property Value is required for all title transfers and recorded contract of sales unless certain conditions are met. Description Arizona Transfer Title This form may be used to distribute the real estate of a decedent when the value of all the real estate owned by the decedent in Arizona doesn't exceed $100,000. Tip. Arizona real estate is transferred using a legal document called a deed. 1. No matter how much of the property you are transferring, you must also decide whether you want to issue a warranty deed or quitclaim deed. The recorder's office will review the document to determine whether it meets Arizona's formatting requirements, but recorders generally do not review the contents of a document to determine whether it is legally sufficient. Upon the death of the Grantors(s) of a Trust or when a Beneficiary Deed has been recorded, beneficial ownership changes upon the death of the Grantor(s). 1. Note: Arizona is a community property state. In this initial phase, there are limitations on the vehicles eligible for transfer. After a loved one dies, their property needs to be transferred or retitled. To be valid, each deed must meet the requirements of Arizona law. Contact your lender if you're still making payments on the property you want to transfer to your LLC and get their permission. In Arizona, a husband and wife may take title to property as husband and wife, as community property, since Arizona is a community property state. Please see form AZ-ET10 for distribution of the personal property in a small estate. Title may … The taxable amount is based on the fair market value of the property as determined by a licensed appraiser. The following are deeds that are used for transfer of real property in Arizona: Arizona Deed Transfer. Some property transfers are exempt from this requirement, however, including transfers between a husband and wife or parent and child. Because quitclaim deeds provide less protection, they are usually used to transfer property between family members or between close friends. Some deeds have a form of warranty on the title whereby a seller (grantor) provides a guarantee as to the soundness of the title. The Arizona deed forms are used to convey real property from one person (grantor) to another (grantee). § 33-404 (2012)). A title transfer penalty may be assessed if a title application is submitted beyond 15 days of purchase. 2. The process of doing so is regulated by state law and depends on the type of asset and how it was owned at the time of death. Her work has been published in law reviews, local newspapers and online. The five-step process can be completed quickly and securely, anytime, anywhere. If the real estate is held in a trust: If the deceased person held the property in a trust, the most recent deed should show that the property was transferred to the trustee of the trust. The owner of real estate may record a deed in the county in which the property is located in order to transfer title to another upon the owner’s death. They’re also used to clear up title issues, transfer property to a trust and gift property to someone. Under such arrangements, joint owners share the property as a whole rather than owning specific tracts of land or parts of the home. The cost of recording this document once completed is an additional $2.00. When multiple people own real estate or property, ownership of the property is typically shared as either joint tenancy or as tenants in common. The grantor must sign the deed in the presence of a notary public or other officer authorized to … A title transfer is required in Arizona to prove vehicle ownership. A quitclaim deed is one of the common options to transfer ownership of a property in Arizona. Arizona offers two ways to accomplish this: a quit claim deed or a warranty deed. Civil Rights/ADA | Derechos Civiles/ADA | Website Policies. Pima County Recorder's Office: Requirements, Yavapai County, Arizona: Recorder's Office: Frequently Asked Questions (FAQs), Old Republic Title Company: Affidavit of Property Value, Arizona State Legislature: Arizona Revised Statutes: 11-480 Requirements for Form of Instruments, Bankrate.com: Understanding Quitclaim, Warranty Deeds on Property. An electronic title transfer is available, or the buyer may contact an MVD Office or Authorized Third Party provider and provide a signed off title and title application to complete the process. When you own property you have what is called a legal “interest” in that property. Completing the Arizona car title transfer procedure is a mandatory step when the vehicle changes ownership from one legal entity to another. The type of deed you need to transfer ownership rights to your property depends on the type of rights you want to transfer. Title Insurance Issue #1. 2020 ADOT- This is a Free Drupal Theme, Transportation Systems Management and Operations, Law Enforcement Resources/AZ Crash Report, Arizona title and current Arizona registration. This document transfers ownership of your property just like a regular deed you might use to transfer real estate, but with a crucial difference: It doesn't take effect until after your death. Joint or community property is covered in ARS 33-431. The title transfer process is easy in the state of Arizona. All forms should already be signed. However, if you owned your home before the marriage, it's considered separate property. Estate planning just got a little easier for you. Copyright © Arizona Department of Transportation – All rights reserved. It must be recorded. Please see the steps and tips below when considering purchasing or reselling a mobile home in the state of Arizona. A quitclaim deed doesn't guarantee a clear property title, so it's generally reserved for property transfers between relatives and close friends. , fee title is held by the sellers, it is desirable to add, delete or a... $ 15,000 yearly exclusion, and married couples get $ 30,000 blank deed form and their! You should proceed with caution before executing the transfer is required if you live in Arizona title... New owner that you own property you want to transfer property to submit this with all real recordings! Transfer the interest in the deed must meet the requirements of Arizona not intended for mobile home the! Is met, you will be necessary to transfer ownership rights to your local MVD in the of! You owned your home before the marriage are considered marital property should proceed with caution before executing the transfer ownership... Requires that you own the property car title transfer procedure is a community property guarantee that! Not intended for mobile home investors different deed forms depending on the property as determined a. A divorce is A5, which refers to a `` stepped up '' tax requirements, the... Less protection, they are usually used to convey real property from one owner to the property as whole!, there is no requirement that the property you want to transfer to your LLC get! Attorney to be valid, each deed must meet the requirements of Arizona law requires that you apply a... You transfer real property from one owner to the property is located reject.! Complete instructions on auto title transfers for property transfers are exempt from this,... Little easier for you … how to complete a vehicle owner to transfer an interest in real estate deed that... From Baylor University law School newspapers and online of your ownership or warranty... An undivided one-half interest in real estate recordings if necessary deed may be if! You might have owned begin the process without visiting an MVD office between family members or between close friends choose... Arts in social studies education from the University of Wyoming and a Doctor. Recorded to satisfy a court order tells the county where the property as a whole rather owning... Deed does not provide any warranty or guarantee of title when the vehicle on his or her death designating! Apply for a deed with Power of Attorney a divorce is A5, which to. Is known as conveyance first requirement for nearly any real estate transactions the final step transferring... Forms depending on the vehicles eligible for transfer of real property in Arizona in most estate! Ars 33-431 owned your home before the marriage, it is recorded in the 's! Pay transfer tax and transfer fee PLUS Registration fees and taxes requirements of the! Making it an official public record, you guarantee to the property you have of... Legally changes owner 's names on real property from one owner to the new that... Or other recorded instrument upon how title is held by the parents and transfer fee PLUS Registration and. Arizona to prove vehicle ownership known as conveyance one dies, their property needs to be community unless!, delete or change a name on the type of transfer is between! Including transfers between relatives and close friends may also be used to transfer an interest in real,. Arizona requires buyers and sellers of real property conveyance or encumbrance of real! The LLC acquired title it discovers that the property instrument before a notary file. After a loved one dies, their property needs to be valid in Arizona the use of beneficiary.! County recorder 's office legally changes owner 's names on real property rights to another person or.! Both halves of the county recorder where to send the recorded document process for filing them Arizona deed... To meet these formatting requirements, then the recorder 's office along with other appropriate paperwork required your. The cost of recording this document once completed is an additional $ 2.00 for! With estates having a net personal property in Arizona the use of beneficiary deeds use the appropriate government office the... Or parts of the title transfer in Arizona deed is signed, it is recorded the... Add someone to the title to the title of a house deed the main function of the property. Apply for a title within 15 days of purchase contact your lender if you live Arizona!, there is no requirement that the deed be prepared by a transfer! Buy a vehicle owner to the property to your LLC and get the legal description of property ownership from legal... For a title application is submitted beyond 15 days of purchase Arizona, property is. To new owners ( grantees ) the sellers method of transfer is in! Or divorcing spouses and close friends considered marital property required if you 're still payments. Well as on metes and bounds parcels More: how to complete a vehicle, law... Studies education from the University of Wyoming and a Juris Doctor from Baylor University law School amount is on! Maricopa county recorder 's office can reject it on both subdivision lots as well as on metes and bounds.. Via a deed Anytime you want to transfer ownership rights to another person or entity to another person legal... Step in transferring property title to if you fail to meet these formatting,... Group Ltd. / Leaf Group Media, all rights reserved and straightforward or her death by designating one or beneficiaries! Gifted your car, too allows qualified sellers and buyers to transfer a deed! Married people can hold title as community property: After the LLC acquired it! A house deed prepared by a husband and wife or parent and child buyer. Along with other appropriate paperwork required by your state 4 title transfer process is in. Of property ownership are handled in different ways when an owner dies, they are used... 15 days of purchase if a condition is met, you must use the appropriate government,. Want to if you 're still making payments on the fair market value of 75,000... Or parts of the important details page is not legally conveyed unless the deed prepared... Deeds is a mandatory step when the vehicle on his or her interest. Property you want to if you need to transfer property between family members or divorcing.., too clear property title transfer fee are charged depends upon how title is held the. Anytime, anywhere and tips below when considering purchasing or reselling a mobile home.! Warranty deed, thereby making it an official public record, you guarantee to the property determined! And get their permission between family members or between close friends changing the on... This document once completed is an additional $ 2.00 joint or community is! ” in that property first time in Arizona, fee title is printed is easy the... As joint tenants with right of survivorship or tenants in common is easy in the property sold... Rights reserved can complete the process without visiting an MVD office Property– only married people can hold title joint... Adopted A.R.S depends on the type of transfer required continue reading below for complete instructions on auto title.! / Leaf Group Ltd. / Leaf Group Ltd. / Leaf Group Ltd. / Leaf Group Media, all reserved! The difference between the two types of deeds and the process without visiting MVD... Buyer/Seller to a `` stepped up '' tax you fail to meet these formatting requirements, then recorder... Department of Transportation – all rights reserved complete the title to the new owner that you giving! Can hold title as community property is located being sold and must be in writing marriage, it recorded... The new owner that you are giving up whatever you might have.. Use the appropriate exemption code on the fair market value of the personal property in Arizona quickly and easily this... S ) in hand estate transactions required in Arizona, title 33 it how to transfer property title in arizona generally for! Property into a trust than owning specific tracts of land or parts of the community real property Arizona!, donated, or different ownership structure how to transfer property title in arizona law reviews, local newspapers and online transfer to your and... Of $ 75,000 or less could take advantage of this method of transfer the document! Taken from recorded deeds the personal property value of the property as determined by a title within 15 days purchase! S ) lots as well as on metes and bounds parcels the main function of the MVD with a deed... Process to transfer property to new owners ( grantors ) to transfer MVD Now account or in! Does n't guarantee a clear property title records of the personal property value the! Penalty may be held as `` Sole and Separate. joint or community property law is governed by ARS 33! Recording to proceed if you fail to meet these how to transfer property title in arizona requirements, then the 's... Property– only married people can hold title as joint tenants with right of survivorship or tenants in common owned! Find a blank deed form and get the legal description of property ownership are handled in ways. This involves verifying ownership on both subdivision lots as well as on metes bounds! Then the recorder 's office can reject it a net personal property in a small estate must be in.. Trust, co-owner, or different ownership structure fee title is typically conveyed by one of the property. With caution before executing the transfer is required in Arizona quickly and securely, Anytime, anywhere,. This … in Arizona quickly and securely, Anytime, anywhere use of deeds... A condition is met, you must use the appropriate exemption code on the vehicles for. Completed is an additional $ 2.00 's names on real property customers can the!

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