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A.R.S. § 14-6307

What Happens to TOD Securities When the Owner Dies in Arizona

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

When the owner of a security registered in beneficiary form dies, the security passes directly to the named beneficiary who survives them. If multiple beneficiaries are named, they hold as tenants in common until the asset is divided. If no beneficiary survives, the security returns to the deceased owner's estate.

Title 14, NONPROBATE TRANSFERS

azleg.gov

The Transfer at Death

The whole point of registering a security in beneficiary form is what happens at this moment: the owner's death. When a sole owner dies, or when the last surviving co-owner dies, the security passes to whichever beneficiary or beneficiaries are still alive. The transfer happens by operation of law, outside of probate.

On death of a sole owner or the last to die of all multiple owners, ownership of securities registered in beneficiary form passes to the beneficiary or beneficiaries who survive all owners.

A.R.S. § 14-6307(A)

To complete the transfer, the beneficiary typically needs to provide proof of the owner's death and comply with whatever requirements the financial institution has in place. In most cases, a death certificate and identification are sufficient. The institution then reregisters the security in the beneficiary's name.

Multiple Beneficiaries and the Fallback Rule

When more than one beneficiary survives the owner, they hold the security as tenants in common until it is formally divided. This means each beneficiary has an undivided interest, and they will need to coordinate with the financial institution to split or liquidate the holdings.

There is also a straightforward fallback: if no named beneficiary survives the owner, the security does not disappear. It becomes part of the deceased owner's estate and is distributed according to their will or, if there is no will, through intestate succession.

If no beneficiary survives the death of all owners, the security belongs to the estate of the deceased sole owner or the estate of the last to die of all multiple owners.

A.R.S. § 14-6307(C)

This fallback is one reason it is important to name contingent beneficiaries whenever possible. Without a backup, the asset may end up going through the very probate process the TOD designation was meant to avoid.

14-6307. Ownership on death of owner A. On death of a sole owner or the last to die of all multiple owners, ownership of securities registered in beneficiary form passes to the beneficiary or beneficiaries who survive all owners. On proof of the death of all of the owners and compliance with any applicable requirements of the registering entity, a security registered in beneficiary form may be reregistered in the name of the beneficiary or beneficiaries who survived the death of all owners. B. Until division of the security after the death of all owners, multiple beneficiaries surviving the death of all owners hold their interests as tenants in common. C. If no beneficiary survives the death of all owners, the security belongs to the estate of the deceased sole owner or the estate of the last to die of all multiple owners.
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.

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

§ 14-6305How TOD and POD Designations Appear on Securities in Arizona
§ 14-6302Who Can Register Securities in Beneficiary Form in Arizona
§ 14-6306What a TOD Registration Does (and Does Not Do) During Your Lifetime

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