Arizona Transfer on Death Deed

Introduction

Key Things to Know

1. 1

   In Arizona a transfer on death deed is called a beneficiary deed. It is a deed you record while alive that names a beneficiary to receive your real property automatically at your death, without probate (Ariz. Rev. Stat. 33-405).

2. 2

   During your life the deed has no effect on your ownership. You keep full control and can sell, mortgage, or revoke it, and the beneficiary need not consent or be notified until you die (Ariz. Rev. Stat. 33-405(I)).

3. 3

   To be valid the deed must be executed, acknowledged before a notary, and recorded. Arizona does not require any witnesses for a beneficiary deed.

4. 4

   The deed is valid only if it is recorded with the county recorder of the county where the property is located before the death of the owner or the last surviving owner (Ariz. Rev. Stat. 33-405(E)). There is no fixed deadline after signing, but you must record it before you die.

5. 5

   Arizona provides a statutory beneficiary deed form the deed may follow (Ariz. Rev. Stat. 33-405(K)), and a matching revocation form (Ariz. Rev. Stat. 33-405(L)).

6. 6

   The deed is revocable during your life by recording a revocation before you die (Ariz. Rev. Stat. 33-405(F)). If you record more than one beneficiary deed for the same property, the last one recorded before your death controls (Ariz. Rev. Stat. 33-405(G)), and a will cannot revoke it (Ariz. Rev. Stat. 33-405(J)).

7. 7

   The beneficiary takes the property subject to every mortgage, lien, and other encumbrance that applied during your lifetime (Ariz. Rev. Stat. 33-405(A)). The deed does not by itself clear debts secured by the property.

Arizona Requirements for Transfer on Death Deed

• Use the Arizona Statutory Beneficiary Deed Form

  Arizona calls this instrument a beneficiary deed and provides a statutory form the deed may follow (Ariz. Rev. Stat. 33-405(K)). The deed must expressly state that it is effective on the death of the owner.

• Legal Description and Parcel Number

  The full legal description of the property from the current recorded deed, plus the street address and the assessor parcel number. A street address alone is not enough to record the deed with the county recorder.

• Name the Beneficiary and a Successor

  The full legal name of the grantee beneficiary who will receive the property at the owner death, and a successor grantee beneficiary with the condition on which that interest vests. Naming a successor keeps the property out of probate if the first beneficiary does not survive.

• Notarize the Signature

  The owner must sign the deed and have the signature acknowledged before a notary. Without a valid acknowledgment the deed cannot be recorded and is not effective.

• No Witnesses Required

  Arizona does not require witnesses for a beneficiary deed. Acknowledgment before a notary is the execution formality, unlike some states that require two witnesses.

• Record With the County Recorder Before Death

  The beneficiary deed is valid only if it is recorded in the office of the county recorder of the county where the property is located before the death of the owner or the last surviving owner (Ariz. Rev. Stat. 33-405(E)). There is no fixed deadline after signing, so record it promptly.

• Revoke Only by Recorded Means

  A revocation must be executed and recorded with the county recorder before death to be effective (Ariz. Rev. Stat. 33-405(F)). If more than one beneficiary deed is recorded for the property, the last recorded before death controls (Ariz. Rev. Stat. 33-405(G)). A will cannot revoke it (Ariz. Rev. Stat. 33-405(J)).

• Property Passes Subject to Encumbrances

  The beneficiary takes the property subject to all mortgages, deeds of trust, liens, and other encumbrances that applied during the owner lifetime (Ariz. Rev. Stat. 33-405(A)). The deed changes who receives the property, not what is owed on it.