Updated December 10, 2023
An Arizona beneficiary deed, referred to as a transfer on death deed in other states, is a legal document used to transfer real property to descendants outside of probate proceedings. For this deed to be valid in Arizona, it must be signed before a notary and recorded with the respective county recorder’s office. Once the property owner dies, the property passes directly to his or her beneficiaries.
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Requirements
- Notary: Required (§ 33-401)
- Recording: Before the property owner’s death in the county where the property is located (§ 33-405)
- Witnesses: Not required
Legal Description
Completing a beneficiary deed in Arizona requires a legal description of the respective property. This legal description can be found on property tax statements, the current deed, or at the county recorder’s office. Formatting varies from property to property.
Example
“Lot 78, Block 9, of Green Meadows Subdivision, according to map or plat thereof as recorded in Plat Book 89, Page 10, of the Public Records of Mohave County, Arizona.”
Revocation
Property owners in Arizona may revoke a beneficiary deed in one of two ways:
- Complete a revocation form (A.R.S. § 33-405(L)). This document must be notarized and recorded at the local county recorder’s office before the property owner’s death.
- Complete and record a new beneficiary deed for the same property.
Where to Record
In Arizona, beneficiary deeds must be recorded with the county recorder’s office of the county in which the property is located.
Recording Fee: A $30 recording fee applies for each document (§ 11-475(A)(1)).