Arizona Transfer-on-Death Deed

Many people want to be sure that their property will pass into the possession of their loved ones or specific people after death. There are many ways to do this, but perhaps one of the most optimal, quick, and inexpensive is to write a transfer-on-death deed form. In Arizona, this document is also called the Beneficiary Deed.

The document lists the names of people who will possess the property after the current owner’s death.

Although the fillable transfer-on-death deed form must use special wording and the correct legal language, drafting it is difficult, so we recommend using our form-building software. After that, you will need to sign and notarize it and then record it at the County’s Office.

Using this form has several advantages over other similar documents:

  • it is a less expensive document
  • its compilation is quite simple and straightforward
  • the current owner retains all their rights and control over the management of the real property until death
  • the document is easy to cancel or change
  • all tax benefits that the current owner has are valid while they are alive
  • the gift tax is not charged

Transfer-on-Death Deed Laws and Requirements in Arizona

For getting a quality form, you need to refer to the state laws. Below is the essential information you need to know to complete the document without problems.

Laws

In Arizona, this form is regulated by  § 33-405 of Arizona State Law. By law, you can list multiple beneficiaries of your property.

Signing requirements

The beneficiaries’ signatures are not required. However, the form must be signed by the current property owner (the Grantor) and certified by a notary, who must also be present at the signing.

Recording requirements

The form is valid only if recorded in an office of the county where the property is located.

Wording requirement

State law specifies the language that should be used in the form.

Fees

You will need to pay notary fees and filing fees. The amount differs from county to county.

How to Fill Out and File a Transfer-on-Death Deed in Arizona

Dully follow our step-by-step guide to complete the paperwork for satisfactory results. If you still have any questions, get legal advice from a specialist.

Download the document

On our site, you will find the current form for Arizona.

Specify a contact

Once the document is marked in the Recorder’s Office, it will be sent to the recipient. Therefore, you need to specify:

  • full name of the recipient
  • recipient’s mailing address

Enter the owner’s details

Start filling out the document by specifying the current owner of the property.

Indicate the beneficiary

Next, enter the full name(s) of the person(s) who will receive the property. Instead of writing “my son” or “my wife,” specify the beneficiaries’ names.

Describe the real property

Next, formulate what you want to transfer into possession after your death. Specify the address of the property and describe it fully.

Choose Plan B

You should choose one of the two options that will come into effect if the beneficiary dies before you. These options are:

  • the form simply ceases to be relevant
  • the property becomes part of the grantee beneficiary’s property

Sign the document

Please provide your signature and full name in the presence of a notary public agent.

Fill in the acknowledgment

The notary fills out the acknowledgment, signs the document, and affixes the state seal.

Record the form

Submit the form to the Recorder’s Office of the county where the property is located so they can file it and send it back to you.

The process of filling out and signing the form will not take you much time. However, it will give you confidence about the future of your property even after your death.

Published: May 12, 2021