Arizona · A.R.S. §§12-1101–12-1103Arizona quiet title: the $5 quitclaim demand, the 20 days and attorney fees

Anyone having or claiming an interest in Arizona real property, in or out of possession, may sue to determine and quiet title against a person – or the state – claiming an adverse estate or interest (A.R.S. §12-1101(A)). The complaint must be under oath, describe the plaintiff's estate and the premises, state that the defendant makes an adverse claim, and ask that the plaintiff's estate be established and the defendant be barred from claiming any right adverse to it (§12-1102). A defendant other than the state who appears and disclaims all adverse right and title recovers its costs (§12-1103(A)). But if, at least 20 days before suing, the plaintiff asks the person holding the apparent adverse interest to execute a quitclaim deed and tenders $5 for executing and delivering it, and the person refuses or neglects to do so, a later disclaimer doesn't avoid the costs, and the court may also award the plaintiff an attorney's fee (§12-1103(B)). When the state is a defendant, the summons and complaint are also served on the attorney general, who may file a disclaimer if the state claims no adverse right (§§12-1101(B), 12-1103(C)).