06 Apr How to Deed Titled Property in Arizona

Titled assets like real estate, land, and vehicles usually have to go through probate. This can cause all sorts of delays and expenses for your heirs. If you want to avoid that whole process, you can use a deed to transfer ownership instead. That way, your heirs won’t have to wait on a judge to decide when (and if) they inherit.

However, it’s important to make sure you take all the right legal steps. Let’s go over the process of deeding titled property from start to finish.

Step 1: Check for liens. 

If you plan to transfer a title, first you need to make sure the property is free from liens. Whether you’re deeding a home or a vehicle, you must satisfy any existing liens before you can legally transfer ownership. 

For example, homes can be subject to:

• Mortgage liens give the lender the right to foreclose on a property if payments are not made. 
• Tax liens can be placed by the federal government if the owner fails to pay their taxes. 
• Judgment liens can be imposed by the court if the owner loses a lawsuit and needs to pay substantial fines. 
• Mechanic or contractor liens are legal claims that can be made against the owner for unpaid work or materials. 
• HOA liens can be imposed by homeowners’ associations if the homeowner does not pay their fees or fines. 

Vehicles can also be subject to liens in Arizona:

• Lender liens from banks, credit unions apply if you used a loan to purchase the vehicle
• Child support liens for missed payments or failure to meet child support obligations
• Operation of law liens for unpaid court fees or fines

Step 2: Choose the right type of deed. 

There are several different types of deeds you can use, depending on your plan. You can choose to transfer ownership during your lifetime, or delay the transfer until after your death. You can transfer ownership directly to your heirs, or make a legal entity like a trust or an LLC the owner instead.

General Warranty Deed 

A general warranty deed protects the new owner against things like liens and ownership disputes. If there are any existing title problems, the person selling or transferring the property is responsible for correcting them. 

Quitclaim Deed 

These types of deeds are most often used to transfer ownership of a home to another family member. They can also be used to transfer ownership to a trust or an LLC. Ownership begins as soon as the quitclaim deed is notarized and recorded. 

Beneficiary Deed 

This document is also known as a “transfer on death” or “TOD” deed. The current owner retains control of the property and can alter the deed at any time. After they pass away, ownership will be transferred to the beneficiary named in the deed. 

Life Estate Deed 

This type of deed means that the owner forfeits control of their property. They retain the right to use the property during their lifetime, but are not able to sell, mortgage or change the property without the new owner’s permission. 

Step 3: File the paperwork.

The final step is filing all the paperwork to make it legal. You’ll need your original deed as well as proof that there are no liens on the titled property.

In Arizona, all deeds must be signed before a notary public and filed with the county recorder’s office in the county where the property is located. 

If you do not take these steps, the deed will not be legally valid. Failing to get a deed notarized is, unfortunately, quite a common mistake. To avoid disputes and keep your assets out of probate, it’s best to consult a legal professional. 

Don’t DIY Your Estate Planning

In some circumstances, a beneficiary deed is enough to avoid probate. But in other cases, setting up a trust is a much better option. For instance, transferring ownership to a living trust is one of the safest ways to leave your home to your children. For business properties, it may be better to use an irrevocable trust or an LLC.

If you plan to transfer ownership of titled property in Arizona, our attorneys can walk you through the process and explain how your decisions might impact your heirs. We’ve been in the estate planning business for over 40 years, and we can give you legal advice that’s grounded in real experience. 

Your initial consultation is always free! Contact us to set up an appointment in Goodyear, Tucson, Glendale, or one of our other Phoenix Valley locations. 

Photo by Troy Spoelma on Unsplash used with permission under the Creative Commons license for commercial use 3/20/26.