Arizona Warranty Deed

The Arizona Warranty Deed is the instrument of choice for arm's-length sales in Arizona where the buyer requires the grantor to stand behind the title against every possible defect, not just those arising during the grantor's ownership. Arizona handles the general warranty differently from most states: instead of reciting the traditional six common-law covenants, the statutory form at ARS 33-402 uses the compact phrase "convey and warrant" to accomplish the same result, paired with the two implied covenants that attach whenever the word "convey" appears in a deed (ARS 33-435). The form is short on its face and heavy in legal effect — the grantor warrants title against all persons whomsoever, including defects that existed long before the grantor took title.

When the Arizona Warranty Deed Is Used

Warranty deeds are the normal instrument for a sale of residential or commercial real estate in Arizona, especially when title insurance is involved. Because the grantor is guaranteeing the title against all claims, the buyer (and the buyer's lender) gets the strongest deed-based protection available under Arizona law, and any defect that surfaces after closing — a pre-existing lien, a missing heir's interest, an old unreleased deed of trust — can be pursued against the grantor on the warranty. Special warranty deeds, which cover only defects arising during the grantor's ownership, are comparatively uncommon in Arizona residential practice and are more typical in estate transfers, fiduciary sales, and certain commercial deals.

The "Convey and Warrant" Statutory Form

ARS 33-402 supplies a short statutory form for a warranty deed. The operative granting language is "I hereby convey and warrant the title against all persons whomsoever." The word "convey" alone pulls in two implied covenants under ARS 33-435: first, that the grantor has not previously conveyed the same estate or any right, title, or interest to anyone other than the grantee; second, that at the time of execution the estate is free from encumbrances made by the grantor. Adding "and warrant the title against all persons whomsoever" extends the grantor's promise to cover defects not caused by the grantor — pre-existing liens, competing claims of ownership, missing interests in the chain of title. The effect is functionally equivalent to a six-covenant general warranty deed in other jurisdictions, but Arizona reaches it through statute rather than through reciting each covenant on the face of the deed.

Because the warranty flows from the statutory phrasing, deviations from the language matter. A deed that says only "convey" without "warrant" gives the narrow 33-435 covenants but not the general warranty. A deed that uses "grant and release" or "quitclaim" does not trigger the warranty at all. Matching the statutory form is how the grantor's promise is secured.

Community Property, Marital Status, and Vesting

Arizona is a community property state, and the conveyancing clause must recite the marital status of each grantor and each grantee. Property acquired by either spouse during marriage is presumed to be community property unless it falls into a recognized separate-property category — acquisition before marriage, or by gift, devise, or descent (ARS 25-211). Selling community property requires both spouses to sign, because a conveyance by one spouse alone is voidable by the non-signing spouse. When title is held in one spouse's name as separate property, many warranty deed transactions also pull a contemporaneous disclaimer deed from the other spouse to eliminate any community property presumption in the chain.

Available vesting options for the grantee include sole and separate property, tenancy in common, joint tenancy with right of survivorship, community property, and community property with right of survivorship (ARS 33-431). A conveyance to two or more grantees without a specified tenancy defaults to tenancy in common. Joint tenancy and community property with right of survivorship must be stated expressly; a warranty deed to spouses that recites only "husband and wife" creates community property without survivorship rights, and the decedent's half passes by will or probate rather than directly to the surviving spouse.

Execution and Acknowledgment

Under ARS 33-401, no estate of inheritance or freehold in Arizona real property can be conveyed except by a deed in writing, subscribed and delivered by the grantor or by an agent authorized in writing. The grantor's signature must be acknowledged before a notary public or other officer authorized to take acknowledgments in Arizona. Witnesses are not required. When the deed is signed outside Arizona, it may be acknowledged before a notary, a judge or clerk of a court of record, or any other person authorized to perform notarial acts in that jurisdiction (ARS 33-501), and the officer's certificate must satisfy Arizona's form requirements.

Recording, Priority, and the Duty to Record

Arizona places an affirmative duty on the transferor to record a document evidencing the sale or transfer of real estate in the county where the property is located (ARS 33-411.01). Recording a warranty deed provides constructive notice to subsequent purchasers and encumbrance holders (ARS 33-411), and Arizona's race-notice rule at ARS 33-412 means an unrecorded conveyance is void as against a subsequent purchaser for value who records first without notice of the prior transfer. Between the parties themselves, an unrecorded deed is still valid and binding, but the grantee who delays recording risks being cut off by a later purchaser or creditor who records promptly. The practical rule for a warranty deed is to record the same day if possible, and in all events without meaningful delay.

Affidavit of Property Value

Warranty deeds are the paradigm case for the Affidavit of Property Value: a sale for consideration between unrelated parties, reported at the recorder's window alongside the deed. ARS 11-1133 requires that an affidavit — also called the Affidavit of Real Value — be completed and signed by both the grantor and the grantee and filed with the deed, unless the transaction falls within one of the exemptions at ARS 11-1134. The affidavit reports the sale price, financing terms, and other transaction details for use by county assessors, and the consideration stated on the deed must reconcile with the affidavit (ARS 11-1131(2)). For the narrow transactions that do qualify as exempt — transfers between spouses pursuant to a divorce decree, gift transfers, certain transfers to or from revocable trusts, corrective deeds — the exemption must be claimed on the face of the deed with a citation to the specific subsection of 11-1134; otherwise, the recorder will treat the deed as non-exempt and require the affidavit.

Formatting

ARS 11-480 sets formatting requirements that apply to every recordable instrument: legible type of at least ten points, white paper no larger than 8.5 by 14 inches, a caption identifying the type of document, a top margin of at least two inches on the first page reserved for the recorder's stamp, and minimum half-inch margins elsewhere. County recorders reject non-conforming documents, and several counties enforce the margin rule strictly on the first page.

What's Included in the Download Package

The Arizona Warranty Deed package includes the deed form built around the ARS 33-402 statutory language, detailed guidelines covering the Arizona-specific drafting, execution, and recording requirements, and a completed example showing how the form should look for a typical sale. All files are available for instant download after purchase.