As a real estate attorney who has drafted and reviewed hundreds of deeds across Arizona for over a decade, I can tell you that choosing the right deed is one of the most important decisions in any property transaction. In this article, I’m giving you a completely free, attorney-vetted Arizona special warranty deed form that meets current 2025 Arizona recording requirements, plus a step-by-step explanation of when and why you should use a special warranty deed in AZ instead of a general warranty or quitclaim deed.
Important Disclaimer: This template and article are for informational purposes only and do not constitute legal advice. Always consult a licensed Arizona attorney or title professional before recording any deed.
A special warranty deed Arizona (sometimes called a limited warranty deed) is a legal document that transfers real estate ownership while providing the buyer with a middle level of protection. Unlike a general warranty deed that guarantees the title is clear from the beginning of time, a special warranty deed only warrants that the seller (grantor) has not created or allowed any title problems during their period of ownership.
In Arizona, this limited warranty is expressed by the statutory language “grantor grants and conveys… and warrants the title against all persons claiming under grantor” (see A.R.S. § 33-435 and A.R.S. § 33-436).
In my practice, I see special warranty deeds in AZ used most frequently in these situations:
| Feature | Special Warranty Deed | General Warranty Deed | Quitclaim Deed |
|---|---|---|---|
| Title Guarantees | Only during grantor’s ownership | From beginning of time | No guarantees |
| Typical Use | Commercial, REO, estate sales | Standard residential sales | Divorce, gifts, intra-family |
| Buyer Protection | Moderate | Highest | None |
| Title Insurance Required? | Almost always | Often waived with insurance | Usually uninsurable |
| Arizona Statutory Form | A.R.S. § 33-435 | A.R.S. § 33-436 | A.R.S. § 33-405 |
Click below to instantly download my updated-for-2025 Arizona special warranty deed template in both Microsoft Word and PDF formats. I personally update this form every January to reflect any legislative or recording changes.
Download Arizona Special Warranty Deed Form – Word (.docx)
Download Arizona Special Warranty Deed Form – PDF
Follow this line-by-line guide I use with my own clients:
Each county recorder has slight variations, but these are the statewide minimums per A.R.S. § 11-480:
According to the Arizona Department of Revenue, an Affidavit of Property Value (Form 82130) must accompany any deed where consideration exceeds $100 unless the transfer qualifies for an exemption code (most common: Code 1 – arms-length sale, Code 9 – transfer between spouses, Code 12 – deed in lieu of foreclosure).
Arizona does not have a statewide transfer tax, but the Affidavit of Property Value fee is currently $2 per deed in most counties (check your county recorder website).
In my experience reviewing rejected recordings:
Yes – almost always. The special warranty only protects against claims arising during the seller’s ownership period. Title insurance is the only way to protect against prior defects (liens, forgeries, undisclosed heirs, etc.). Most lenders will require an owner’s policy anyway.
Can I prepare my own special warranty deed in Arizona?
Yes. Arizona allows non-attorneys to prepare deeds for their own transactions (A.R.S. § 33-401 et seq.).
Is a special warranty deed the same as a bargain and sale deed?
In Arizona, they are functionally identical and use the same statutory form.
Does Arizona require two witnesses?
No. Only notarization is required.
Can I e-record a special warranty deed?
Yes – all 15 Arizona counties now accept electronic recording through approved vendors.
A properly executed Arizona special warranty deed strikes the perfect balance between seller protection and buyer assurance in many commercial and investment transactions. While it doesn’t offer the same guarantees as a general warranty deed, it provides significantly more protection than a quitclaim – making it the go-to choice for banks, investors, and sophisticated parties.
Download the free template above, fill it out carefully using this guide, and always consider having it reviewed by a licensed Arizona attorney or title officer before recording.
Have questions about your specific transaction? Feel free to leave a comment below – I respond to as many as possible.
Sources: Arizona Revised Statutes Title 11 Chapter 7, Title 33 Chapter 4; Arizona Department of Revenue; IRS.gov (for federal gift tax implications on low-consideration transfers).