Gift Deed
GIFT DEED
State of Arizona
Recording Requested By:
_____________________________________________
When Recorded Mail To:
_____________________________________________
_____________________________________________
_____________________________________________
Mail Tax Statements To (Grantee/Donee):
_____________________________________________
_____________________________________________
_____________________________________________
SPACE ABOVE THIS LINE FOR RECORDER'S USE
DOCUMENT INFORMATION
| Field | Information |
|---|---|
| Document Type | Gift Deed (Conveyance for Love and Affection) |
| Assessor's Parcel Number (APN) | _________________________ |
| Property Address | _________________________ |
| Monetary Consideration | $0.00 (bona fide gift) / nominal $10.00 |
| Recording Fee | $_______ (varies by county) |
GIFT DEED
KNOW ALL PERSONS BY THESE PRESENTS:
This Gift Deed is made and entered into this _____ day of _________________, 20_____.
ARTICLE I: PARTIES
Section 1.1 Donor (Grantor)
Name(s): _____________________________________________
Marital Status / Character of Title:
☐ A single person
☐ A married person, as sole and separate property
☐ Married persons, as community property
☐ Married persons, as community property with right of survivorship
☐ An unmarried person
☐ A _________________ [entity type], a _________________ [state] _________________ [entity form]
Address: _____________________________________________
_____________________________________________
hereinafter called "GRANTOR" or "DONOR"
Section 1.2 Donee (Grantee)
Name(s): _____________________________________________
Vesting:
☐ A single person
☐ A married person, as sole and separate property
☐ Married persons, as community property
☐ Married persons, as community property with right of survivorship
☐ Married persons, as joint tenants with right of survivorship
☐ An unmarried person
☐ Tenants in common
☐ A _________________ [entity type], a _________________ [state] _________________ [entity form]
Mailing Address (Required per A.R.S. § 11-480):
_____________________________________________
_____________________________________________
hereinafter called "GRANTEE" or "DONEE"
Section 1.3 Relationship of the Parties
The Grantee is the Grantor's: _____________________________________________
(e.g., spouse, child, grandchild, sibling, parent, or other natural object of the Grantor's bounty)
ARTICLE II: CONSIDERATION AND GIFT
Section 2.1 Consideration Recital
This conveyance is made for and in consideration of the natural love and affection the Grantor has and bears for the Grantee, and for no monetary consideration (the recited sum of $0.00 / nominal Ten and No/100 Dollars ($10.00) being acknowledged as nominal only).
THIS IS A BONA FIDE GIFT (A DEED OF GIFT). THE GRANTOR HAS RECEIVED NO MONETARY CONSIDERATION IN RETURN.
Section 2.2 Gift Statement
The Grantor hereby makes a present, voluntary, and irrevocable gift of the real property described herein to the Grantee. The Grantor presently divests itself of, and vests in the Grantee, all of the Grantor's right, title, and interest in the property. The Grantee accepts this gift, as evidenced in Article VI below.
ARTICLE III: CONVEYANCE
Section 3.1 Granting Clause
For and in consideration of the natural love and affection set forth above, and for no monetary consideration, GRANTOR does hereby GIVE, GRANT, AND CONVEY unto GRANTEE, and GRANTEE's heirs, successors, and assigns forever, all of the following described real property situated in _________________ County, State of Arizona:
Section 3.2 Legal Description
See Exhibit "A" attached hereto and incorporated herein by reference.
Together with all and singular the tenements, hereditaments, and appurtenances thereto belonging or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues, and profits thereof.
Property Address (if applicable): _____________________________________________
Assessor's Parcel Number: _____________________________________________
ARTICLE IV: WARRANTY ELECTION
Select ONE:
Section 4.1 ☐ OPTION A — Limited (Special) Warranty Against Grantor's Own Acts
Pursuant to A.R.S. § 33-435, GRANTOR specially warrants and will defend the title only against the lawful claims of all persons claiming by, through, or under GRANTOR, but not otherwise. GRANTOR does NOT warrant against defects in title arising before GRANTOR's period of ownership.
Section 4.2 ☐ OPTION B — Quitclaim (No Warranty)
GRANTOR conveys only such right, title, and interest as GRANTOR may have in the property, WITHOUT ANY WARRANTY OF TITLE, express or implied. Notwithstanding the words used herein, no covenant under A.R.S. § 33-435 or otherwise shall be implied; GRANTEE accepts the property "AS IS."
ARTICLE V: EXCEPTIONS AND RESERVATIONS
Section 5.1 Subject To
This conveyance is made subject to the following:
(a) Real property taxes and assessments for the current and subsequent years, not yet due and payable;
(b) All applicable zoning ordinances, building codes, and governmental regulations;
(c) All covenants, conditions, restrictions, reservations, rights, rights-of-way, and easements of record;
(d) All matters that would be disclosed by an accurate survey and inspection;
(e) Any existing mortgage, deed of trust, or lien of record. NOTICE TO DONEE: If any mortgage or lien remains on the property, the Grantee takes the property SUBJECT TO that encumbrance unless released; this gift does not satisfy or assume the debt unless expressly stated;
(f) The following specific exceptions:
☐ None
☐ As set forth below:
_____________________________________________
_____________________________________________
_____________________________________________
Section 5.2 Community Property / Spousal Disclaimer
☐ If applicable: The undersigned spouse of Grantor joins in this deed for the purpose of releasing and relinquishing any community property interest, but is not a grantor of a separate estate hereunder.
ARTICLE VI: DELIVERY AND ACCEPTANCE
Section 6.1 Delivery
A gift of real property is complete only upon delivery by the Grantor with present donative intent and acceptance by the Grantee. Grantor declares this Gift Deed delivered to the Grantee (or recorded for the Grantee's benefit) as a completed present gift.
Section 6.2 Donee's Acceptance
The undersigned GRANTEE/DONEE hereby ACCEPTS this gift of real property.
_____________________________________________
Signature of Grantee/Donee
_____________________________________________
Printed Name
Date: _____________________________________________
ARTICLE VII: FEDERAL GIFT-TAX NOTE
FEDERAL GIFT TAX (NOTICE TO DONOR). A gift of real property may be a reportable gift (26 U.S.C. § 2501 et seq.). The donor — not the donee — is generally liable for any federal gift tax (26 U.S.C. § 2502).
- Annual exclusion: $19,000 per donee for 2026 (indexed). A real-estate gift typically exceeds this, so the donor will usually need to file IRS Form 709.
- Lifetime exemption: $15,000,000 per donor for 2026 (26 U.S.C. § 2010(c)(3), as amended). Filing does not mean tax is owed; the taxable amount is applied against this exemption.
- Carryover basis (26 U.S.C. § 1015): The donee generally takes the donor's adjusted cost basis (carryover basis), NOT a stepped-up basis — which can create capital-gains tax for the donee on a later sale.
Consult a qualified tax advisor before completing this gift.
ARTICLE VIII: TRANSFER-TAX / AFFIDAVIT OF PROPERTY VALUE DECLARATION
Section 8.1 No State Transfer Tax
Arizona imposes no state real estate transfer tax. Only recording fees apply (some Arizona cities may impose local transfer taxes — verify locally).
Section 8.2 Affidavit of Property Value Exemption (A.R.S. § 11-1134)
EXEMPTION CLAIMED — DEED OF GIFT. This instrument is exempt from the Affidavit of Property Value and the associated filing fee pursuant to A.R.S. § 11-1134(A)(7) (a deed of gift) and, alternatively, A.R.S. § 11-1134(A)(4) (an instrument executed for no monetary consideration). Pursuant to A.R.S. § 11-1134(C), this exemption is noted on the face of the instrument and the specific exemption claimed is indicated.
Exemption Code (note on instrument at recording):
☐ A7 — Deed of Gift
☐ A4 — No monetary consideration
☐ Other (specify): _________________________
ARTICLE IX: EXECUTION
Section 9.1 Grantor's Signature
IN WITNESS WHEREOF, the Grantor(s) have executed this Gift Deed as of the date first written above.
GRANTOR(S) / DONOR(S):
_____________________________________________
Signature
_____________________________________________
Printed Name
Date: _____________________________________________
Spouse (if joining for community property release):
_____________________________________________
Signature
_____________________________________________
Printed Name
Date: _____________________________________________
ARTICLE X: ACKNOWLEDGMENT
Section 10.1 Arizona Acknowledgment (Individual)
STATE OF ARIZONA
COUNTY OF _________________
On this _____ day of _________________, 20_____, before me, the undersigned Notary Public, personally appeared:
_____________________________________________
☐ personally known to me, OR
☐ proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) is/are subscribed to the within instrument, and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument, the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
WITNESS my hand and official seal.
_____________________________________________
Notary Public Signature
_____________________________________________
Printed Name of Notary
My Commission Expires: _____________________________________________
[NOTARIAL SEAL]
Section 10.2 Arizona Acknowledgment (Entity)
STATE OF ARIZONA
COUNTY OF _________________
On this _____ day of _________________, 20_____, before me, the undersigned Notary Public, personally appeared:
_____________________________________________
as _________________________ [title] of _________________________ [entity name],
☐ personally known to me, OR
☐ proved to me on the basis of satisfactory evidence
to be the person whose name is subscribed to the within instrument, and acknowledged to me that he/she executed the same in his/her authorized capacity as the duly authorized representative of said entity.
WITNESS my hand and official seal.
_____________________________________________
Notary Public Signature
_____________________________________________
Printed Name of Notary
My Commission Expires: _____________________________________________
[NOTARIAL SEAL]
EXHIBITS
EXHIBIT A - LEGAL DESCRIPTION
Legal Description of Property:
_____________________________________________
_____________________________________________
_____________________________________________
_____________________________________________
_____________________________________________
_____________________________________________
Source of Title: Book _______, Page _______, or Document No. _______________, Official Records of _________________ County, Arizona.
ARIZONA RECORDING REQUIREMENTS AND INFORMATION
Recording Requirements
| Requirement | Details |
|---|---|
| Statutory Authority | A.R.S. § 33-401 et seq. |
| Acknowledgment Required | Yes — before notary or authorized officer (A.R.S. § 33-401(B)) |
| Witnesses Required | Not required if properly acknowledged |
| Recording Office | County Recorder where property is located |
| Grantee Address Required | Yes (A.R.S. § 11-480) |
| State Transfer Tax | None |
| Affidavit of Property Value | EXEMPT for deed of gift (A.R.S. § 11-1134(A)(7)) — note exemption on face |
Arizona Transfer Taxes
Arizona does not impose a state-level real estate transfer tax. Some cities may impose local transfer taxes. Verify with local jurisdictions.
Important Legal Notes
-
Affidavit of Property Value exemption. A deed of gift is exempt from the Affidavit of Property Value and the $2.00 filing fee under A.R.S. § 11-1134(A)(7); the exemption must be noted on the face of the deed (A.R.S. § 11-1134(C)).
-
Constructive Notice: Recording provides constructive notice (A.R.S. § 33-411).
-
Warranty words imply covenants. Under A.R.S. § 33-435, "grant"/"convey" can imply covenants unless limited (see Article IV).
-
Title Insurance: A gift deed gives the donee limited or no warranty; the donee should consider title insurance.
-
Legal Counsel: Consultation with a licensed Arizona attorney is recommended.
PREPARED BY:
_____________________________________________
Name
_____________________________________________
Address
_____________________________________________
Phone/Email
_____________________________________________
Arizona Bar Number (if applicable)
SOURCES AND REFERENCES
- A.R.S. § 11-1134 (Affidavit of Property Value exemptions; deed of gift) — https://www.azleg.gov/ars/11/01134.htm
- A.R.S. § 33-401 et seq. (conveyances of real property) — https://www.azleg.gov/arstitle/
- Arizona Department of Revenue, Affidavit of Property Value (Form 82162)
- IRS, What's New — Estate and Gift Tax (2026 exclusion amounts) — https://www.irs.gov/businesses/small-businesses-self-employed/whats-new-estate-and-gift-tax
- 26 U.S.C. §§ 2501, 2502 (federal gift tax); § 1015 (carryover basis)
This template is provided for informational purposes only and does not constitute legal advice. Consult with a licensed Arizona attorney before using this form.
About This Template
Real estate documents transfer ownership, define who can use a property, and record agreements between buyers, sellers, landlords, and tenants. Deeds, purchase agreements, leases, and easements have to be drafted to meet state recording requirements, and mistakes show up at closing or years later in title disputes. Good real estate paperwork moves transactions forward quickly and avoids the kind of problems that only surface when it is time to sell or refinance.
Important Notice
This template is provided for informational purposes. It is not legal advice. We recommend having an attorney review any legal document before signing, especially for high-value or complex matters.
Last updated: June 2026
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