Skip to content

Arizona · A.R.S. §§42-17302–42-17312Arizona senior tax deferral: the lien to pay off before the contract

An Arizona owner at least 70 years old who has lived in the home at least six years, or in Arizona at least ten, owns no other real property and whose household had taxable income of no more than $10,000 the year before may elect to defer property taxes on a primary, non-income-producing residence with a full cash value of no more than $150,000 and no mortgage recorded within the previous five years (A.R.S. §§42-17302, 42-17303). The county treasurer records a certificate of deferral, which is actual notice of the lien; the lien for deferred taxes and interest attaches on recording and has priority over mortgages and deeds of trust recorded earlier and over later liens (§§42-17306, 42-17308). The deferred taxes, interest and costs become due when the owner dies without a qualifying spouse, when the residence is sold, becomes subject to a fully executed binding contract of sale or is otherwise transferred, when it is no longer the owner's residence, or when it becomes income-producing (§42-17311(A)). A tax-deferred residence may not be transferred unless the deferred amounts are paid in full, and no contract of sale may be executed or title conveyed unless they are paid in full at or before the contract or conveyance (§§42-17311(A)(2), 42-17312(A)). On payment the treasurer records a release of the lien (§42-17312(C)). The assessor's notice of value and the treasurer's tax statement for the parcel carry a notice that the residence is subject to a lien of deferred taxes (§42-17310(B)–(C)).

The rules

  1. 1. Who qualifies (§§42-17302, 42-17303)

    Age 70+, long residence, no other real property, household taxable income up to $10,000; home up to $150,000 full cash value.

  2. 2. Lien (§§42-17306, 42-17308)

    Recorded certificate; ahead of earlier-recorded mortgages and later liens.

  3. 3. Due on sale (§42-17311(A)(2))

    Sale, binding contract of sale or other transfer.

  4. 4. Pay first (§42-17312(A))

    No contract executed or title conveyed until paid in full.

  5. 5. Release (§42-17312(C))

    Recorded by the treasurer on payment.

What the TC can do

  • If the tax statement or title commitment shows a lien of deferred taxes, tell the listing agent and the seller right away.
  • Ask the county treasurer for the payoff of the deferred taxes, interest and costs, and send it to escrow.
  • Ask the seller's attorney how the payoff is handled before the contract is signed, as the statute requires.
  • Get the recorded release of the deferred tax lien for the title file.

Questions about Arizona's senior tax deferral

Can a home with deferred Arizona property taxes be sold?

Yes, but the deferred taxes, interest and costs must be paid in full; the statute says no contract of sale may be executed or title conveyed unless they are paid at or before the contract or conveyance (A.R.S. §§42-17311(A)(2), 42-17312(A)).

Does the Arizona deferred tax lien come ahead of the mortgage?

It has priority over any mortgage or deed of trust recorded before the certificate of deferral and over liens attaching after it (A.R.S. §42-17308).

Track the deferred tax payoff and the recorded release as title tasks in ClosingCode.

Start free trial

Source: A.R.S. §§42-17302, 42-17303, 42-17306, 42-17308, 42-17310, 42-17311 and 42-17312 (azleg.gov, read October 29, 2026).

General information, not legal advice. ClosingCode is software; it is not a law firm or brokerage. This guide is not a substitute for the advice or services of an attorney.