An Arizona beneficiary deed (also called a transfer-on-death or TOD deed) lets you name who inherits your real estate when you die — and the property passes to them automatically, without probate. You keep full ownership and control during your lifetime, and you can change or revoke it anytime. It’s authorized by Arizona law at A.R.S. § 33-405.
How an Arizona beneficiary deed works
- You stay in control. During your life, you own the property outright — you can sell it, mortgage it, or change the beneficiary. The named beneficiary has no rights until you pass away.
- It must be recorded before death. The deed only works if it’s signed, notarized, and recorded with the county recorder while you’re alive. A beneficiary deed found in a drawer after death is invalid.
- It avoids probate for that property, transferring it to your beneficiary on your death.
- It’s revocable. You can record a new beneficiary deed or a revocation at any time.
Beneficiary deed vs. a trust
A beneficiary deed is a simple, low-cost way to pass one property outside probate. But it’s a narrow tool: it only covers that specific real estate, doesn’t plan for your incapacity, lacks homeowner insurance continuity planning, and doesn’t provide the control or protection a living trust offers (for example, holding property for minor or vulnerable heirs). Many Arizonans still prefer a funded trust for a complete plan. See putting a house in a trust and our full beneficiary deed guide.
See how a beneficiary deed compares with a trust, joint tenancy, and a will in our free Arizona home transfer guide.
Watch the 2026 deed-law changes
Arizona’s new 2026 deed-fraud law (SB1479, effective September 13, 2026) tightened how deeds are notarized and recorded — adding a notary thumbprint requirement and a photo-ID requirement to record in person. If you’re preparing or updating a beneficiary deed, make sure it’s executed under the current rules so the county recorder accepts it.
Deciding between a beneficiary deed and a trust? Schedule a free consultation and we’ll recommend the simplest tool that actually fits your goals.
General information about Arizona law, not legal advice.
