Arkansas Warranty Deed

PublicLegal-authored self-help deed form. Provided for customers to complete with their own transaction information and submit to the proper local recording office. Recorder offices and state agencies may require separate supplemental forms, taxes, fees, or cover sheets, and requirements vary by jurisdiction and transaction. Review the product notes and confirm local recording requirements before relying on any completed deed.

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What Is an Arkansas Warranty Deed?

An Arkansas warranty deed transfers Arkansas real estate with warranty protection from the grantor. It is used when the grantor is willing to stand behind the title covenants in the deed. Warranty scope depends on the exact covenant language in the completed instrument, so review the deed wording, title commitment, and transaction documents before recording.

When to Use a Warranty Deed in Arkansas

  • Buying or selling Arkansas real estate when deed-warranty protection is intended.
  • Working with a buyer, lender, title company, or title insurer that expects warranty-deed protection.
  • Using the Arkansas deed path when the grantor is willing to provide title covenants rather than a no-warranty quitclaim transfer.

Arkansas Requirements for Warranty Deeds

  • Signing: The grantor signs the deed. If the property is the grantor's Arkansas homestead and the grantor is married, the spouse generally must join in executing and acknowledging the conveyance. Separate dower/curtesy release issues can also require spouse participation.
  • Notarization: Arkansas deeds should be acknowledged before a notary or other authorized officer before recording.
  • Witnesses: Arkansas does not require separate witnesses for an ordinary properly acknowledged deed.
  • Recording: Record the deed with the County Circuit Clerk where the property is located. Some Arkansas counties have two judicial districts with separate recording offices, so confirm the correct office for the land.
  • Transfer Tax / Recording Fees: Arkansas imposes real property transfer tax on most transfers over $100, generally $3.30 per $1,000 or fractional part of actual consideration. Documentary stamps plus the required certification or an acknowledged exemption statement are normally needed before recording.
  • Legal Description: Use the full legal description from a prior deed, title commitment, survey, or other reliable title source. A street address or parcel number alone is usually not enough.

Warranty Deed vs Quitclaim Deed in Arkansas

A warranty deed provides deed-warranty protection based on its covenant language. A quitclaim deed transfers only whatever interest the grantor has, if any, without warranties. Arkansas statutory warranty concepts depend on specific deed wording; a separate “grant deed” label should not be assumed to provide different warranty protection.

Frequently Asked Questions

Does Arkansas charge real estate transfer tax?

Yes. Arkansas generally charges real property transfer tax of $3.30 per $1,000, or fractional part, of actual consideration on transactions over $100 unless a statutory exemption applies. The recorder normally needs documentary stamps plus the required certification or an acknowledged exemption statement before recording.

Does an Arkansas warranty deed need witnesses?

No. Arkansas does not require separate witnesses for an ordinary properly acknowledged deed. The deed should be acknowledged before a notary or other authorized officer before recording.

Does my spouse need to sign an Arkansas warranty deed?

If the property is the grantor's Arkansas homestead and the grantor is married, the spouse generally must join in executing and acknowledging the conveyance. Separate dower/curtesy release issues can also require spouse participation.

Where do I record an Arkansas warranty deed?

Record the deed with the County Circuit Clerk where the property is located. A few Arkansas counties have two judicial districts with separate recording offices, so confirm the correct office for the land.

Who provides this deed form?

PublicLegal provides this self-help deed form template for customers to complete with their own transaction information. For transaction-specific legal, title, tax, or recording guidance, consult an attorney, title company, tax professional, or the local recording office.

Does a warranty deed release a mortgage or clear liens?

No. A deed transfers title to real property. It does not release a borrower from an existing mortgage or deed of trust, remove liens, or replace lender consent, payoff, refinance, or assumption requirements.