Property Transfer by Deed in Arizona: Quit Claim Deed, Warranty Deed, and Average Attorney Fees for Deed Transfer

Introduction

This blog post addresses conveyances, (or property transfers) in Arizona and focuses on the process of transferring real estate by deed. It will also outline the differences between quit claim deeds and warranty deeds, describe beneficiary deeds, provide average attorney fees for deed transfers in AZ, and the importance of hiring a qualified legal paraprofessional or attorney during real estate transfers in order to ensure proper transfer of property and mitigate risks.

Arizona Law Regarding Deed Transfers

In Arizona, every deed or conveyance of real property must be signed by the grantor, that is, the person granting their interest in the property to another party. Such conveyance must also be duly acknowledged before an authorized officer by law.

In short, a valid transfer of real property requires an instrument in writing (the deed), signed, acknowledged, and delivered. Quit claim deeds and warranty deeds are the two most common types of deeds used in real estate transfers.

Average Attorney Fees and Our Fees for Deed Transfers

Attorney fees for deed transfers will vary depending upon the state and locality, as is the case with all legal services. In Phoenix, the average hourly rate of attorneys is currently around $350.00. However, attorneys fees and LP fees can be awarded by a Court in some circumstances. But, of course, this is only possible if the property in question is part of a legal action.

We offer comprehensive deed preparation and property conveyances for a flat fee of only $300.00 in and around Phoenix.

Beneficiary Deeds /Transfer on Death Deeds

In property conveyance, there are several different types of deeds and each with its own distinct characteristics, purposes, and legal requirements. Beneficiary deeds, for example, when properly executed, automatically transfer interest in a property upon the death of the person holding the interest.

These deeds are not used in real property transactions as they only transfer title to the property to a beneficiary. Accordingly, this title could be derived from a quit claim deed or warranty deed, depending upon the deed provided when the property was acquired by the owner. Beneficiary deeds, also called Transfer on Death Deeds ("TOD"s), are a highly valuable component of an effective estate plan as they allow for property to pass to the recipient while avoiding probate.

Quit Claim Deeds and Warranty Deeds

Again, the two primary types of deeds utilized in real estate transactions are quit claim deeds and warranty deeds.

Quit claim deeds only transfer any interest the grantor may have in the property to the grantee (recipient). Thus, quit claim deeds transfer only that interest which may exist but do so without any warranties of title to the grantee. Accordingly, this type of deed is the less secure from the grantee's perspective among these types of deeds.

Warranty deeds however, do provide guarantees concerning the property's title. These warranties, or promises, place more liability on the grantor but are more secure and favorable to the grantee as opposed to quit claim deeds.

Conclusion

Because of the value of real property, transferring interest is a serious legal matter. Hiring an LP or attorney is crucial to navigate the complexities of Arizona laws concerning these transfers. A licensed legal paraprofessional or attorney will help to ensure that all applicable legal requirements are met and protect the parties' interests as an error can cause the interest in a property to not adequately transfer, or even fail to transfer at all.

Schedule a free consultation with us today to safely and securely transfer your real estate for a flat fee of $300.00.