One of the prime estate planning goals for many people is to shift ownership of property upon their death while minimizing the hassle for loved ones who will receive those assets. Transferring real estate can be one of the most complex aspects of the probate process. Fortunately, Arizona offers a method of leaving real property to beneficiaries in a manner that allows them to bypass the time and cost associated with distribution through a decedent’s estate.  

A beneficiary deed, also known as a Transfer on Death (TOD) deed, gives property owners the ability to spare loved ones probate complications simply by completing a simple designation. Arizona Statute § 33-405 details how beneficiary deeds are recorded and includes the required format for these legal instruments. 

The property owner, or grantor, records a deed specifying who should receive their real estate upon their death. This deed remains revocable, allowing the owner to modify or cancel the beneficiary designation anytime before they pass away. Until the grantor dies, the intended beneficiary has no legal right to the named parcel. Upon the owner’s death, the beneficiaries need only file a death certificate with the county where the deed is recorded to assume ownership, making the transition smooth and straightforward.

Though there are other ways to convey ownership outside of one’s estate, such as through a living trust, a beneficiary deed is typically a simpler way to accomplish this if you’re just looking to pass a given piece of real estate in this manner. To avoid probate using this practical option, it is vital to make sure that the legal formalities are observed. 

Homeowners considering this option should consult with a qualified Arizona attorney to ensure that their beneficiary deed aligns with their estate planning goals and complies with state requirements.

The Law Firm of Joseph M. Udall, PLC in Mesa prepares beneficiary deeds, trusts and other documents for Arizona clients who seek to help their surviving family members avoid probate. We can look at your particular circumstances and explain how this option, as well as others, would fit within your estate planning goals. Please call (480) 500-1866 or contact us online to schedule a consultation.