Deeds and Conveyances

Deeds and Conveyances are deeds that convey and transfers real property interests from one person or entity to another.

Deeds and Conveyances

  • The Form Library contains certain basic deeds which are commonly used among family members and private parties.
  • A grantor is a person or entity which conveys the property.
  • A grantee is a person or entity which receives the property.
  • A grantor or grantee can be more than one person or entity.
  • In some circumstances a grantor can convey a property interest to himself or herself with another individual as the grantees.

Basic deed formats in the Form Library:

  • The forms provide for only one or two grantors which transfer property interests to one or two grantees.
  • Business entity classifications are provided for only an Arizona corporation and an Arizona limited liability company.
  • Please review the checklist and information provided before beginning the questionnaire process to create a deed.
  • If your requirements are not compatible with these basic formats, please feel free to call or email Cautela Corporation for document preparation services which can meet other criteria.

Affidavits of Value:

  • When a grantor receives consideration for the conveyance of real property an Affidavit of Value must be filed with the deed when it is recorded.
  • There are exemptions to the Affidavit of Value in certain conveyances.
  • If you register for an account to prepare a quitclaim deed, you will be guided through a listing of exemptions for selection of an appropriate exemption, if one applies to the conveyance.
  • If an exemption does not apply to the conveyance, you must complete an Affidavit of Value to submit with the quitclaim deed when it is recorded.
  • A link to a fillable form of Affidavit of Value is provided, if no exemption is selected.

To access the deeds in the Form Library you must register first. The deeds contained in the Library include:

Quitclaim Deed. This deed conveys any title, interest or claim which a grantor (person or entity conveying) may have in the property; it does not assert that the title is valid or contain any warranty or covenants for title.

Quitclaim Joint Tenancy Deed. This is a quitclaim deed which conveys property from a grantor to two or more persons as joint tenants with right of survivorship. Upon the death of one grantee, title vests in the survivor or survivors outside of probate.

Quitclaim Community Property with Right of Survivorship. This is a quitclaim deed which conveys  property from a grantor to a married couple (the grantees) who then hold the property as community property with right of survivorship. This form of ownership provides the married couple with a tax advantage upon the death of the first grantee and also passes to the survivor outside of probate.

Beneficiary Deed. This is a deed created by statute which permits the owner (title holder) of property to retain title and all the rights of title, during his or her life, and conveys the property to a beneficiary or beneficiaries only at death. Title passes to the beneficiary or beneficiaries outside of probate. A beneficiary deed can be revoked by the owner (title holder) at any time. The Beneficiary Deed must be recorded before the death of the property owner to be valid. If the owner sells the property prior to death, the deed is void. The Beneficiary Deeds provided in this Form Library are designed to convey to children or to other beneficiaries who are not children of the grantor(s).

Disclaimer Deed. Often a Disclaimer Deed is signed by a husband or wife to disclaim any interest in certain real property owned by his or her spouse as separate property; it clarifies that the real property is not held by the marital community; and that the disclaiming spouse does not assert any ownership rights in the real property.

Limitations:

  • The deeds in the Form Library are formatted to specific parameters for the most common conveyances.
  • Each deed in the Form Library will provide its specifications.
  • Additional deed forms will be added in the future.
  • There is no form of deed at this time for transfer to or from a Trust.
  • There is no form where you can indicate that grantees are to receive different ownership percentages.
  • If you find you need a form of deed which is not found in the Form Library at this time, please feel free to contact Cautela Corporation for assistance.
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