Beneficiary Deed (Transfer on Death) - Arizona

BENEFICIARY DEED

Arizona Revised Statutes § 33-405

When recorded before the applicable Owner's death, this Deed transfers the described Arizona real-property interest to the designated Grantee Beneficiary effective on death.

1. Owner and Current Vesting

Owner name: [OWNER FULL LEGAL NAME]

Owner mailing address: [OWNER ADDRESS]

Current title shown by the most recent recorded deed:

• ☐ sole and separate property;
• ☐ tenants in common;
• ☐ joint tenants with right of survivorship;
• ☐ community property;
• ☐ community property with right of survivorship; or
• ☐ other: [________________________________].

Recording information for current vesting deed: [DATE / INSTRUMENT NUMBER / BOOK AND PAGE]

Every person whose signature is required to convey the selected interest must execute and acknowledge this Deed. A conveyance of community property generally requires both spouses to execute and acknowledge it under A.R.S. § 33-452.

2. Property Interest Conveyed

Owner conveys, effective on death, Owner's interest in the following real property located in [COUNTY] County, Arizona:

Street address: [PROPERTY ADDRESS]

Assessor parcel number: [APN]

Complete legal description:

[____________________________________________________________]

[____________________________________________________________]

If an exhibit contains the legal description, label and attach it before execution.

3. Effective Death

Select the clause that matches current ownership:

• ☐ Single Owner or tenancy-in-common interest: This Deed is effective on the death of the Owner signing it.
• ☐ Joint tenancy or community property with right of survivorship: This Deed is effective on the death of the last surviving Owner, subject to A.R.S. § 33-405(D).

For survivorship property, a beneficiary deed signed by fewer than all Owners remains subordinate to the surviving co-owner's statutory survivorship rights. The transfer lapses if the last surviving Owner did not execute the beneficiary deed.

4. Grantee Beneficiary Designation

Owner designates the following Grantee Beneficiary or Beneficiaries:

If more than one Grantee Beneficiary is named, title will vest as:

• ☐ tenants in common;
• ☐ joint tenants with right of survivorship;
• ☐ spouses as community property;
• ☐ spouses as community property with right of survivorship; or
• ☐ another tenancy valid under Arizona law: [________________________________].

If no tenancy is expressly selected for two or more nonspouse Grantee Beneficiaries, Arizona's general rule creates a tenancy in common.

Unless this Deed provides otherwise, the interest transferred by beneficiary deed is the named Grantee Beneficiary's separate property under A.R.S. § 33-405(B).

5. Failure of a Grantee Beneficiary to Survive

Select one disposition and complete any required condition:

• ☐ The conveyance to a Grantee Beneficiary who fails to survive the applicable Owner becomes null and void.
• ☐ The conveyance becomes part of the deceased Grantee Beneficiary's estate.
• ☐ The interest passes to this Successor Grantee Beneficiary: [NAME AND ADDRESS], if this condition occurs: [PRIMARY BENEFICIARY FAILS TO SURVIVE OWNER / OTHER PRECISE CONDITION].

A successor designation must state the condition on which the successor's interest vests. Unless this Deed provides otherwise, if no named Grantee Beneficiary survives the Owner, the beneficiary deed is void and Arizona's anti-lapse statute, A.R.S. § 14-2603, does not apply.

6. Survival Period

For this Deed, a Grantee Beneficiary must survive the applicable Owner by:

• ☐ 120 hours, consistent with A.R.S. § 14-2702; or
• ☐ this different express period: [____ hours / ____ days].

Survival must be established by clear and convincing evidence as provided by Arizona law.

7. Effect During Owner's Lifetime

No transfer under this Deed occurs until the applicable Owner's death. During the Owner's lifetime:

• the Grantee Beneficiary's signature, consent, agreement, and notice are not required;
• the Owner may convey, contract to convey, mortgage, pledge, or otherwise encumber the Property; and
• the transfer at death remains subject to lifetime conveyances, contracts, mortgages, deeds of trust, liens, security pledges, and other encumbrances described in A.R.S. § 33-405(A).

8. Revocation and Later Beneficiary Deeds

The Owner may revoke this Deed by executing, acknowledging, and recording a revocation in the county where the Property is located before the death of the Owner who executes the revocation. Special rules apply when survivorship property has more than one Owner.

If more than one beneficiary deed concerning the same Property is executed and recorded, the last beneficiary deed recorded before the Owner's death is effective. A will does not revoke a properly executed, acknowledged, and recorded beneficiary deed.

9. Disclaimer

A Grantee Beneficiary may disclaim all or part of the transferred interest. An effective disclaimer must satisfy A.R.S. § 14-10005, including a signed record that declares the disclaimer, describes the disclaimed interest, and is delivered or filed as § 14-10012 requires. Unless the governing instrument provides another disposition, the disclaimed interest passes under A.R.S. § 14-10006 as if an individual disclaimant died immediately before distribution.

10. Execution and Recording Requirement

This Deed is valid only if it is:

1. in writing and signed by each required Owner;
2. duly acknowledged before an authorized officer; and
3. recorded before the applicable Owner's death in the office of the county recorder for the county where the Property is located.

Do not rely on delivery to a beneficiary, storage with estate papers, or a will as a substitute for timely recording.

11. Owner Signature

I intend this instrument to be a Beneficiary Deed under A.R.S. § 33-405 and to convey the described interest effective on the death stated above.

________________________________________
[OWNER FULL LEGAL NAME]
Date: ______________________

________________________________________
[SECOND OWNER / SPOUSE, IF REQUIRED]
Date: ______________________

12. Acknowledgment

State of Arizona

County of [COUNTY]

This instrument was acknowledged before me on ______________________ by [OWNER NAME(S)].

________________________________________
Notary Public

My commission expires: ______________________

Recorder Information

When recorded, return to:

[NAME]

[ADDRESS]

Exemption or affidavit information required by current recorder practice: [________________________________]

Sources and References

• Arizona Legislature, A.R.S. § 33-405 — https://www.azleg.gov/ars/33/00405.htm
• Arizona Legislature, A.R.S. § 33-401 — https://www.azleg.gov/ars/33/00401.htm
• Arizona Legislature, A.R.S. § 33-411 — https://www.azleg.gov/ars/33/00411.htm
• Arizona Legislature, A.R.S. § 33-431 — https://www.azleg.gov/ars/33/00431.htm
• Arizona Legislature, A.R.S. § 33-452 — https://www.azleg.gov/ars/33/00452.htm
• Arizona Legislature, A.R.S. § 14-2702 — https://www.azleg.gov/ars/14/02702.htm
• Arizona Legislature, A.R.S. § 14-2603 — https://www.azleg.gov/ars/14/02603.htm
• Arizona Legislature, A.R.S. § 14-10005 — https://www.azleg.gov/ars/14/10005.htm
• Arizona Legislature, A.R.S. § 14-10006 — https://www.azleg.gov/ars/14/10006.htm
• Arizona Legislature, A.R.S. § 14-10012 — https://www.azleg.gov/ars/14/10012.htm