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A.R.S. § 14-6301

Key Definitions for Transfer-on-Death Security Registration in Arizona

Verified April 4, 2026 • 57th Legislature, 1st Regular Session

This statute defines the core terms used throughout Arizona's Uniform TOD Security Registration Act. It covers what counts as a security, a security account, a beneficiary form, a registering entity, and the act of registration. These definitions set the foundation for how investment accounts and securities can pass directly to beneficiaries outside of probate.

Title 14, NONPROBATE TRANSFERS

azleg.gov

What These Definitions Cover

Before any transfer-on-death (TOD) registration can work, the law has to define what it applies to. This statute does that groundwork. It establishes what counts as a "security" under Arizona's TOD framework, which is broad. Stocks, bonds, brokerage accounts, mutual fund shares, and other ownership interests in a business or enterprise all qualify.

"Security" means any share, participation or other interest in property, in a business or in an obligation of an enterprise or other issuer and includes a certificated security, an uncertificated security and a security account.

A.R.S. § 14-6301(4)

The statute also defines "beneficiary form" as a registration that identifies the current owner and the person who will become the owner at death. This is the mechanism that makes TOD registration possible. By completing a beneficiary form with a broker or transfer agent, the owner establishes a direct line of succession for that asset without the need for probate.

Security Accounts and What They Include

The definition of "security account" is intentionally comprehensive. It covers brokerage accounts, reinvestment accounts, cash balances held alongside securities, and even trust company custody accounts. Dividends, interest, and earnings credited to the account are included as well.

"Security account" means: (a) A reinvestment account associated with a security, a securities account with a broker, a cash balance in a brokerage account, cash, interest, earnings or dividends earned or declared on a security in an account, a reinvestment account or a brokerage account, whether or not credited to the account before the owner's death.

A.R.S. § 14-6301(5)(a)

This broad definition matters for estate planning because it means nearly every type of investment account can potentially be set up with a TOD beneficiary designation. When done correctly, these assets transfer directly to the named beneficiary, bypassing probate entirely. A partner attorney can help review existing investment accounts to determine where TOD registrations make sense as part of a coordinated plan.

In this article, unless the context otherwise requires: 1. "Beneficiary form" means a registration of a security that indicates the present owner of the security and the intention of the owner regarding the person who will become the owner of the security on the owner's death. 2. "Register" means to issue a certificate that shows the ownership of a certificated security or, in the case of an uncertificated security, to initiate or transfer an account that shows ownership of securities. 3. "Registering entity" means a person who originates or transfers a security title by registration and includes a broker who maintains security accounts for customers and a transfer agent or other person who acts for or as an issuer of securities. 4. "Security" means any share, participation or other interest in property, in a business or in an obligation of an enterprise or other issuer and includes a certificated security, an uncertificated security and a security account. 5. "Security account" means: (a) A reinvestment account associated with a security, a securities account with a broker, a cash balance in a brokerage account, cash, interest, earnings or dividends earned or declared on a security in an account, a reinvestment account or a brokerage account, whether or not credited to the account before the owner's death. (b) A cash balance or any other property held for or due to the owner of a security as a replacement for or product of an account security, whether or not credited to the account before the owner's death. (c) An investment management or custody account with a trust company or a trust division of a bank with trust powers, and includes the securities in the account, a cash balance in the account, cash, cash equivalents, interest and earnings or dividends earned or declared on a security in the account, whether or not credited to the account before the owner's death.
View on azleg.gov

This page provides general legal information about Arizona statutes and is not legal advice. For guidance on how this law applies to your situation, speak with a qualified attorney.

Related Questions

What can go wrong with pay-on-death and transfer-on-death designations?

POD and TOD designations override your will and trust, which can cause unintended results if not coordinated with the rest of your estate plan. Outdated designations, minor beneficiaries, and missing backups are common pitfalls.

Can I avoid probate in Arizona?

Yes. You can avoid probate in Arizona using a Revocable Living Trust, beneficiary designations, joint tenancy, beneficiary deeds, or the Small Estate Affidavit process for qualifying estates.

Do beneficiary designations override my will?

Yes. Retirement accounts like 401(k)s, IRAs, and life insurance pass by beneficiary designation, not by your will. If an old beneficiary is listed, that designation overrides your current plan.

Related Statutes

§ 14-6101Nonprobate Transfers on Death: What Counts as Nontestamentary in Arizona
§ 14-6102When Nonprobate Transferees Are Liable for Estate Debts in Arizona
§ 14-6103Creditor Claims Against a Trust After the Settlor Dies in Arizona

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