Deeds & Real Estate Transfers in Arizona
Make Sure Your Property Doesn’t End Up in Probate
Transferring real estate in Arizona isn’t just about paperwork—it’s about protecting your family from court delays, confusion, and unexpected costs. At LifePlan Legal AZ, we help you make sure your property is titled the right way for your goals.
Why Real Estate Planning Matters in Arizona
If your home or land isn’t titled properly, it could:
- Go through probate (even if you have a will)
- Be delayed from passing to your heirs
- Cause family conflict over ownership
- Trigger avoidable taxes or legal issues
That’s why we make sure your real estate is part of your estate plan—not just your asset list.
Common Arizona Deed Types (And When to Use Them)
1. Warranty Deed
Transfers full ownership of a property with a guarantee that the title is clear.
When used: Most common in real estate sales between unrelated parties.
2. Special Warranty Deed
Transfers ownership with a limited warranty—only covering the time the seller owned the property.
When used: Often in commercial or investment property sales.
3. Quitclaim Deed
Transfers whatever interest the grantor has, without any guarantees.
When used: Between family members or into a trust; not recommended for unrelated parties.
4. Beneficiary Deed (TOD Deed)
Lets you name someone to inherit your property when you pass away—avoids probate.
When used: Simple estates with only one or two properties, often between close family members.
Warning: Beneficiary deeds can backfire if the person you name dies first or has creditors. Always talk with an estate planning attorney before relying on one.
5. Trust Transfer Deed
Transfers your property into your living trust to avoid probate and provide long-term control.
When used: As part of a comprehensive estate plan.
6. Gift Deed
Used to transfer property without money changing hands, typically between family members.
When used: Gifting property to a child, spouse, or loved one—often for estate or tax planning purposes.
Important: Gift deeds can have capital gains tax implications for the recipient. It’s smart to talk with a lawyer or tax advisor first.
Why Put Real Estate in a Trust?
Many people think a will is enough—but in Arizona, a will still goes through probate. That includes your house, even if it’s paid off.
Putting real estate into a revocable living trust:
- Avoids probate entirely
- Keeps your wishes private
- Allows someone you choose to manage it if you become incapacitated
- Provides long-term protection and flexibility
Should I Use an LLC for My Rental Property?
If you own rental or investment property in Arizona, placing it in an LLC (Limited Liability Company) can offer important protections.
Why Use an LLC?
- Protects your personal assets: If a tenant or guest sues, only the assets inside the LLC are at risk—not your home, savings, or retirement accounts.
- Separates business from personal: Keeps rental income, expenses, and legal responsibility clearly separated.
- May reduce liability exposure: Especially helpful if you own multiple properties or manage short-term rentals.
How to Transfer Property into an LLC
Simply forming an LLC isn’t enough—you must also transfer the property title into the LLC’s name using a deed.
- Set up your Arizona LLC
- Prepare and file a deed (typically a Quitclaim or Warranty Deed)
- Update insurance, leases, and county records
When NOT to Use an LLC
LLCs are great for rental or commercial property, but not ideal for your primary residence. Transferring your home into an LLC can disqualify you from:
- Homestead protection
- Capital gains exclusions
- Mortgage terms
Always talk to an attorney before moving property into an LLC—it needs to align with your asset protection, tax, and estate goals.
We Can Help
At LifePlan Legal AZ, we don’t just draft deeds—we help you look at the big picture. We’ll help you decide:
- Whether a trust or LLC is the right move
- What type of deed makes the most sense
- How it fits into your overall estate plan
Let’s Protect Your Property and Your Future
Schedule Your Free Consultation
Or call us directly at (602) 932-3187
LifePlan Legal AZ – Planning that prevents conflict.
