Transfer on death deed in Arizona

Arizona at a glance

TOD deed for real estate

Yes

Name in Arizona law

Beneficiary deed

Law

A.R.S. § 33-405

Notary

Required

Witnesses

None

When to record

Before the death

Where to record

County recorder of the county where the property is located

After-death document

No specific filing named in the law

Notice to heirs

Not required

Official form

Yes

Your checklist

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Making a valid TOD deed in Arizona

• What the law does. A recorded beneficiary deed passes the owner's interest in Arizona real estate to the named grantee beneficiary at the owner's death, subject to all liens and encumbrances.
• Signing. The owner signs; the statutory form ends with an acknowledgment, and the deed must be executed and recorded 'as provided by law'. No witnesses are required by the statute. For property held in joint tenancy or community property with right of survivorship, the deed works only if the last surviving owner signed it. The statute does not state a capacity standard.
• Recording. Valid only if executed and recorded before the death of the owner (or last surviving owner). No deadline after signing. If not recorded before death it is not valid. If several beneficiary deeds are recorded, the last one recorded before death controls. No affidavit of property value is needed for a beneficiary deed with only nominal consideration.
• Payment, delivery, acceptance. The beneficiary's signature, consent, agreement, or notice is not required for any purpose during the owner's life.
• Form. Statutory short forms of beneficiary deed and revocation in A.R.S. § 33-405(K) and (L).

Changing it, and who you can name

• Revoking or changing. Any owner who signed it may revoke by executing and recording a revocation (statutory form) in the county before that owner's death; a later recorded beneficiary deed also controls. A will does not revoke a recorded beneficiary deed. For survivorship ownership, a revocation not signed by all owners works only if signed by the last surviving owner.
• Beneficiaries. One or more grantee beneficiaries, in any valid form of co-ownership; a trustee of a trust (even a revocable one) may be named. A successor beneficiary may be named with the condition stated. If no named beneficiary survives, the deed is void and the anti-lapse statute does not apply, unless the deed says otherwise; the statutory form lets the owner choose whether a predeceased beneficiary's share becomes void or passes to that beneficiary's estate. Property received is the beneficiary's separate property unless the deed says otherwise.

After the owner dies

• Where. County recorder of the county where the property is located
• Steps. A.R.S. § 33-405 does not name a document for the beneficiary to record after the death. The Maricopa County Superior Court law library guide says only that beneficiary deeds are filed with the county recorder. No official Arizona source found describes the after-death recording step (such as recording a death certificate or affidavit).

Debts, Medicaid and the spouse

• Creditors and Medicaid. As a nonprobate transferee, the beneficiary can be liable to the probate estate for allowed claims and spouse/child allowances if the estate is short, up to the value received. A proceeding needs a written demand to the personal representative and must start within two years after death. AHCCCS (Medicaid) estate recovery: the AHCCCS brochure DE-810 (rev. 07/2026) says its estate claim is filed only against property the member owned at death that is subject to a small estate affidavit or probate; it does not mention beneficiary deeds. Before death, a TEFRA lien may be placed on the real property, including the home, of a permanently institutionalized ALTCS member; the lien stays in place after death until released.
• Surviving spouse. Rights of a surviving joint tenant or a surviving spouse holding community property with right of survivorship prevail over a beneficiary named by fewer than all owners.

Good to know in Arizona

• The beneficiary takes subject to all mortgages, deeds of trust, liens, and other encumbrances.
• A beneficiary deed can also convey a debt secured by a lien on real property.
• The statute was last amended by Laws 2019, ch. 19 (SB 1218).
• Arizona law names no document for the beneficiary to record after the death; ask the county recorder what it needs.

Official pages

• Arizona TOD deed form
• Arizona statute
• Arizona self-help page
• No TOD deed or other plan? How Arizona handles a small estate without probate →

Sources

• A.R.S. § 33-405 Beneficiary deeds (read October 28, 2026)
• A.R.S. § 14-6102 Nonprobate transferees; liability (read October 28, 2026)
• A.R.S. § 11-1134 Affidavit of value exemptions (read October 28, 2026)
• A.R.S. § 36-2935 AHCCCS estate recovery; liens (read October 28, 2026)
• Laws 2019, ch. 19 (SB 1218) amending § 33-405 (read October 28, 2026)
• Maricopa County Superior Court Law Library: Property Issues guide (read October 28, 2026)
• AHCCCS DE-810 Arizona Medicaid Estate Recovery Program brochure (rev. 07/2026) (read October 28, 2026)

Legal information from the official sources above, not legal advice. A TOD deed can affect Medicaid, taxes, creditors and co-owners; for a decision about your own property, ask the county recorder, a legal aid office or a lawyer. How we check: methodology.