Transfer-on-Death Deed

Transfer-on-Death Deed (Arizona) — Beneficiary Deed under A.R.S. § 33-405

1. What This Instrument Is (and What It Is Not)

In most states, real property can pass at death outside probate by a "transfer-on-death deed" (TOD deed) adopted under the Uniform Real Property Transfer on Death Act. Arizona has not adopted that Act. Arizona's equivalent nonprobate, revocable real-property transfer is the Beneficiary Deed under A.R.S. § 33-405.

Use this Arizona Beneficiary Deed wherever a "transfer-on-death deed" is requested for Arizona real property. A separate companion form is maintained at az/beneficiary_deed.md; this version adds TOD framing, a comparison, and the § 33-405 substance.

2. Key A.R.S. § 33-405 Requirements (Checklist)

☐ The deed conveys an interest in real property to a designated grantee beneficiary and expressly states that the deed is effective on the death of the owner (§ 33-405(A)).
☐ The transfer is subject to all conveyances, mortgages, deeds of trust, liens, and other encumbrances made by or applicable to the owner during life (§ 33-405(A)).
☐ The deed is signed by the owner and notarized, and accurately states the legal description of the property.
☐ The deed is executed and recorded in the office of the county recorder of the county where the property is located before the death of the owner (or last surviving owner) — recording after death is invalid (§ 33-405(E)).
☐ If multiple owners hold joint tenancy with right of survivorship or community property with right of survivorship, the deed must be executed by the owners as required by § 33-405(D) (valid if signed by the last surviving owner; survivorship rights prevail over a deed signed by fewer than all owners).
☐ Optional: designate multiple grantees (and their tenancy) and a successor grantee beneficiary with the condition on which the successor's interest vests (§ 33-405(B)–(C)).
☐ If no named grantee beneficiary survives the owner, the deed is void and the antilapse statute (§ 14-2603) does not apply (§ 33-405(C)).
☐ A beneficiary deed may convey to the trustee of a trust, even a revocable trust (§ 33-405(E)).

3. Beneficiary Deed (TEMPLATE — A.R.S. § 33-405)

WHEN RECORDED, RETURN TO:
[NAME]
[ADDRESS]
[CITY, STATE, ZIP]

Caption: BENEFICIARY DEED (Transfer on Death) — A.R.S. § 33-405

This Beneficiary Deed is made on [__/__/____] by [OWNER FULL LEGAL NAME] ("Owner"), whose address is [________________________________________________________].

3.1 Conveyance Effective on Death

Owner hereby conveys to the grantee beneficiary(ies) named below, effective on the death of the Owner, all of Owner's interest in the real property described in Section 3.2. This conveyance is effective only upon the death of the Owner and transfers no present interest to any beneficiary during the Owner's lifetime. The transfer is subject to all conveyances, assignments, contracts, mortgages, deeds of trust, liens, security pledges, and other encumbrances made by the Owner or to which the Owner was subject during the Owner's lifetime.

3.2 Real Property

County: [____________] County, Arizona
Property Address: [________________________________________________________]
Assessor's Parcel No. (APN): [____________]

Legal Description:
[LEGAL DESCRIPTION — attach as Exhibit A if lengthy]

3.3 Grantee Beneficiary(ies)

1. [BENEFICIARY NAME], address [________________________________], relationship [________________________________], share [____]%.
2. [BENEFICIARY NAME], address [________________________________], relationship [________________________________], share [____]%.

If more than one grantee beneficiary is named, they take title as (select one):
☐ Tenants in common
☐ Joint tenants with right of survivorship
☐ Community property / community property with right of survivorship
☐ Other valid Arizona tenancy: [________________________________]

3.4 Successor Grantee Beneficiary (optional)

If [primary beneficiary condition: e.g., a named grantee beneficiary fails to survive the Owner], the interest passes to the following successor grantee beneficiary, whose interest vests on that condition (§ 33-405(C)):

[SUCCESSOR BENEFICIARY NAME], address [________________________________], relationship [________________________________], share [____]%.

Condition on which the successor's interest vests: [________________________________________________________].

3.5 Conveyance to Trustee (optional)

☐ This Beneficiary Deed conveys the interest to [TRUSTEE NAME], as trustee of the [TRUST NAME] dated [__/__/____] (a transfer to the trustee of a trust is permitted even if the trust is revocable — § 33-405(E)).

3.6 Owner's Rights During Life; Revocability

During the Owner's lifetime, the Owner retains full ownership and control of the property, including the right to sell, convey, encumber, lease, or otherwise dispose of it without the consent of, or notice to, any grantee beneficiary (§ 33-405(I)). This Beneficiary Deed may be revoked at any time by the Owner. To be effective, any revocation (or a later beneficiary deed) must be executed and recorded in the office of the county recorder of the county where the property is located before the death of the Owner who executes the revocation (§ 33-405(F)). If the Owner records more than one beneficiary deed for the same property, the last one recorded before the Owner's death controls (§ 33-405(G)). This Beneficiary Deed is not revoked by the Owner's will (§ 33-405(J)).

3.7 Multiple Owners / Survivorship Property

If the property is held as joint tenants with right of survivorship or as community property with right of survivorship, this Beneficiary Deed is governed by § 33-405(D): it is valid if executed by the last surviving owner; the rights of a surviving joint tenant or surviving spouse prevail over a grantee beneficiary named in a deed signed by fewer than all owners.

3.8 Recording Requirement (Validity)

This Beneficiary Deed is valid only if it is executed and 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). A beneficiary deed not recorded until after the Owner's death is ineffective under § 33-405(E).

4. Signature

Owner Signature: [________________________________] Date: [__/__/____]

Printed Name: [OWNER FULL LEGAL NAME]

5. Notary Acknowledgment

State of Arizona
County of [________________________________]

On [__/__/____], before me, the undersigned Notary Public, personally appeared [OWNER FULL LEGAL NAME], proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to this instrument, and acknowledged that he/she/they executed it.

Notary Public: [________________________________]
My commission expires: [__/__/____]

(Notary Seal)

6. Recording and Post-Death Steps

• Record promptly. Record this deed with the county recorder where the property sits during the Owner's lifetime. Unrecorded or post-death recording is invalid (§ 33-405(E)).
• Affidavit of Property Value. A beneficiary deed is generally exempt from the Affidavit of Property Value requirement; cite the applicable exemption under A.R.S. § 11-1134 on recording.
• Formatting. Ensure the deed meets Arizona recording/format requirements (A.R.S. §§ 33-411, 11-480) — margins, print size, legible legal description, and return address.
• After the Owner's death: the beneficiary records a certified copy of the Owner's death certificate with the same county recorder to perfect the transfer of record; title then vests in the grantee beneficiary, subject to encumbrances of record.

7. Notes and Cautions

• A beneficiary deed does not avoid the property's existing mortgages, liens, or other encumbrances, which pass with the property.
• Designating a beneficiary does not create a present gift and is not a completed transfer for the beneficiary during the Owner's life; the Owner keeps full control.
• Consider Medicaid estate-recovery and tax-basis implications; coordinate with the Owner's overall estate plan (will, trust) to avoid conflicting dispositions.
• See the companion az/beneficiary_deed.md for an alternative version of this same § 33-405 instrument.

8. Sources and References

• A.R.S. § 33-405 (Beneficiary Deeds; Recording; Definitions) — https://www.azleg.gov/ars/33/00405.htm
• A.R.S. § 33-405 (Justia, 2025) — https://law.justia.com/codes/arizona/title-33/section-33-405/
• A.R.S. § 33-405 (FindLaw, current Jan. 1, 2025) — https://codes.findlaw.com/az/title-33-property/az-rev-st-sect-33-405/
• A.R.S. § 14-2603 (Antilapse — inapplicable per § 33-405(C))
• A.R.S. §§ 33-411, 11-480 (recording/format requirements); § 11-1134 (Affidavit of Property Value exemptions)
• Note: Arizona has not adopted the Uniform Real Property Transfer on Death Act; the beneficiary deed is the Arizona equivalent.