ARS § 11-1133 - Affidavit of Property Value

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Affidavit of Property Value

ARS § 11-1133 - Affidavit of Property Value

by Richard Keyt, Arizona Real Estate Attorney

All documents offered to an Arizona county recorder for recording must satisfy the requirements of Section 11-1133 or recording will be denied.

Arizona Revised Statutes Section 11-1133 provides the general rule that a deed cannot be recorded with an Arizona county recorder unless the deed is offered for recording simultaneously with a document called an Affidavit of Property Value. Certain deeds can be recorded without an Affidavit of Property Value.

Affidavit of Property Value

Arizona county recorders will not record a deed unless one of the following applies:

The deed is offered for recording simultaneously with a completed, signed and notarized document called an Affidavit of Property Value. See the instructions for this form.
The deed contains language that the deed is exempt from the affidavit of value requirement because it involves a transaction that is exempt from the affidavit requirement by virtue of a specific exemption contained in A.R.S. § 11-1134.

Text to Put Into Your Arizona Deed

If your deed to Arizona real property involves an exempt deed or an exempt transaction listed on A.R.S. § 11-1134, then insert text in the deed similar to one of the following:

Statement to Put in a Deed for a deed exempt under Section 11-1134.A

This Deed is a <insert language from the applicable subsection of subsection A> exempt from the requirements of Arizona Revised Statutes Section 11-1133 under Arizona Revised Statutes Section 11-1134.A.<insert applicable subsection of subsection A>.

Example 1: This Deed is a quitclaim deed to quiet title as described in A.R.S. Section 12-1103, subsection B exempt from the requirements of Arizona Revised Statutes Section 11-1133 under Arizona Revised Statutes Section 11-1134.A.4.

Statement to Put in a Deed for a transaction exempt under Section 11-1134.B

This Deed is exempt from the requirements of Arizona Revised Statutes Section 11-1133 because it is <insert exempt transaction language from subsection B> under Arizona Revised Statutes Section 11-1134.B.<insert applicable subsection of subsection B>.

Example 1: This Deed is exempt from the requirements of Arizona Revised Statutes Section 11-1133 because it is between husband and wife with only nominal actual consideration for the transfer, under Arizona Revised Statutes Section 11-1134.B.3.

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KEYTLaw.com and information about Arizona real estate matters are provided as a public service by Richard Keyt, a residential and commercial real estate attorney licensed to practice law in Arizona. Rick's telephone numbers are 602-906-4953, ext. 3 (voice) & 602-297-6890 (fax), and his email address is rickkeyt@keytlaw.com. Rick does not accept matters involving landlord / tenant disputes or litigation of any kind (other than tax lien foreclosures). Communicating with Richard Keyt via email or otherwise does not cause you to become a client or cause your communications to be confidential or subject to the attorney client privilege.

This page was last modified on December 12, 2009.

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