Beneficiary Deed

Under Arizona Revised Statutes §33-405, a property owner can record a beneficiary deed with the county recorder. The deed names one or more people who will receive the property when the owner dies. During the owner's lifetime, the beneficiary has no legal interest in the property. The owner can sell, refinance, or revoke the deed at any time.

When the owner passes away, the beneficiary records a death certificate and an affidavit of succession. That is all it takes to claim the property. No court involvement. No probate.

Beneficiary deeds are a simple, low-cost tool for avoiding probate on a single property. However, they do not offer the same control as a living trust. A beneficiary deed cannot stage distributions or protect a beneficiary from creditors. It also cannot manage multiple assets in a coordinated way.

For families with a single Arizona home and limited assets, a beneficiary deed may be enough. For more complex estates, a living trust provides better protection and flexibility.

Want to transfer your Arizona home into a trust? Our guide covers mortgages and which deed to use: Can You Put a House in a Trust With a Mortgage?.

When does a beneficiary deed work better than a trust? See our complete guide: Beneficiary Deed vs. Trust in Arizona.