The transfer-on-death deed in Arizona has some advantages over other methods. For example, the deed can be revoked at any time by the owner and it does not have to go through probate.

To create an Arizona transfer-on-death deed, the owner must fill out a form provided by the state. The form must be signed by the owner and witnessed by two people. The deed must then be recorded in the county where the property is located.

The owner can name any beneficiary they choose in the deed, including themselves. If the owner dies without naming a beneficiary, the property will go to their heirs according to Arizona law.

Reasons You Might Use an Arizona Transfer-on-Death Deed

There are many reasons someone might want to use an Arizona transfer-on-death deed. Some common reasons include avoiding probate, being able to choose your own beneficiary, and the ability to change your mind about the transfer.

  • Avoiding probate 

One common reason people use a transfer-on-death deed is to avoid probate. Probate can be a long and costly process, so avoiding it can be advantageous.

  • Being able to choose your own beneficiary 

Another common reason people use a transfer-on-death deed is because it allows them to choose their own beneficiary. With this type of deed, you are not limited to transfering the property to your spouse or next of kin. You can choose anyone you want as your beneficiary.

  • The ability to change your mind about the transfer

Another advantage of a transfer-on-death deed is that it can be revoked at any time by the owner. So, if you change your mind about the transfer, you can simply revoke the deed.

How to Fill out an Arizona Transfer-on-Death Deed?

Here is the most essential information that should go in every transfer-on-death deed.

Step 1 – Who prepared a deed?

The first thing to mention is who prepared the deed. The deed should be prepared by the property owner. If it is not, then it will likely be void.

Step 2 – Who is the current owner of the property?

The next thing to mention is who the current owner of the property is. This should be the person who is signing over ownership of the property to the beneficiary.

Step 3 – What is the property address?

The next thing to mention is the address of the property. This is important so that there is no confusion about which property is being transferred.

Step 4 – Who are the witnesses?

After the owner signs the deed, it must be witnessed by two people. These witnesses should be people who are not related to the owner or the beneficiary.

Step 5 – Who is the beneficiary?

The last thing to mention is who the beneficiary is. This is the person who will receive ownership of the property after the owner dies. The owner can name any person they choose as the beneficiary, including themselves.

Recording an Arizona Transfer-on-Death Deed

After the deed is signed by the owner and witnesses, it must be recorded in the county where the property is located. The deed can be recorded at the county clerk’s office or online. Once the deed is recorded, it is advisable to provide notice to any named beneficiaries of their interest in the property. This can be done by sending a certified letter or by having the deed recorded with a notice of lis pendens.

How to Use an Arizona Transfer-on-Death Deed?

Step 1 – A person preparing the deed must locate the form provided by the state.

Step 2 – The property owner must sign and date the document in front of two witnesses.

Step 3 – The deed should then be filed with the county clerk in the jurisdiction where the property is located.

Step 4 – After recording, provide notice to any named beneficiaries of their interest in the property.

Arizona Transfer-on-Death Deed vs. Will

There are some similarities and differences between an Arizona transfer-on-death deed and a will.

Similarities:

  • Both can be used to transfer ownership of property upon death.
  • Both can be revoked at any time by the owner.

Differences:

  • A transfer-on-death deed does not have to go through probate, whereas a will does.
  • With a transfer-on-death deed, the owner must notify the beneficiary of the transfer. With a will, the beneficiary is typically notified after the person’s death.

Pros and Cons of Creating an Arizona Transfer-on-Death Deed

There are some advantages and disadvantages to consider before creating a Arizona transfer-on-death deed.

Advantages:

  • The deed can be revoked at any time by the owner.
  • The deed does not have to go through probate.
  • The owner can name any beneficiary they choose, including themselves.

Disadvantages:

  • The deed must be recorded in the county where the property is located.
  • The owner must notify the beneficiary of the transfer.
  • If the owner dies without a will, the property will go to their heirs according to Arizona law.

Some Things to Keep in Mind about an Arizona TOD

If you are considering creating an Arizona transfer-on-death deed, there are some things you should keep in mind. 

First, the deed must be recorded in the county where the property is located. 

Second, the owner must notify the beneficiary of the transfer. 

Third, if the owner dies without a will, the property will go to their heirs according to Arizona law.

Creating a Arizona transfer-on-death deed can be a good way to transfer ownership of property upon your death. However, you should make sure to consider all the pros and cons before making a decision. And, be sure to consult with an attorney or financial advisor to ensure that the deed is properly created and recorded.