What is an Arizona Beneficiary Deed?

An Arizona Beneficiary Deed is a recorded document that names who will receive a piece of real property when the owner dies, while leaving the owner in full control of the property during their lifetime. It is authorized by A.R.S. § 33-405. Elsewhere this kind of instrument is often called a transfer-on-death deed or TOD deed; Arizona uses the term "beneficiary deed," but it serves the same function.

The deed conveys no present interest. The named beneficiary has no rights in the property while the owner is alive, and the owner can sell, refinance, mortgage, or revoke the deed at any time before death. The transfer takes effect only on the owner's death, and the beneficiary takes the property subject to any mortgages, liens, or other encumbrances the owner left in place. The deed has effect only if it is recorded with the county recorder before the owner's death.

When People Use It?

• When an owner wants real estate to pass to a specific person or people without going through probate.
• When an owner wants to keep complete control of the property during life, including the ability to sell it or change their mind.
• As a simpler, lower-cost alternative to placing a single property into a living trust.
• When an owner wants to name a successor to receive the property if the first-choice beneficiary does not survive them.
• As part of a broader estate plan, alongside a will or trust addressing other assets.

Why People Use It?

• It avoids probate for the property, so it passes directly to the named beneficiary outside the court system.
• It is revocable at any time before death, so the owner is not locked into the choice.
• It leaves the owner's lifetime rights untouched — the beneficiary has no say and no interest until the owner dies.
• It is generally low-cost compared with creating and funding a trust.

What the Template Gives You?

• A recording header with preparer and return-delivery fields and the reserved space the recorder requires.
• The statutory exemption notation and the caution that the deed must be recorded before the owner's death.
• An Owner section, a Grantee-Beneficiary section supporting one or more beneficiaries, and an optional Successor Grantee-Beneficiary section.
• The election for what happens to a beneficiary's share if that beneficiary dies before the owner, drawn from the statutory form.
• A property section for the county, street address, and legal description.
• The operative transfer-on-death language and a notary acknowledgment block.