Skip to main content
Skip to explanation
A.R.S. § 14-6307

TOD Securities When the Owner Dies

Verified April 4, 202657th Legislature, 1st Regular Session

When the owner of a TOD-registered security dies, the security passes directly to the surviving beneficiary. If multiple beneficiaries are named, they hold as tenants in common. If no beneficiary survives, the security returns to the estate.

Title 14, NONPROBATE TRANSFERS

azleg.gov

The Transfer at Death

When a sole owner dies, or the last surviving co-owner dies, the security passes to the surviving beneficiary or beneficiaries. The transfer on death (TOD) 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 provides proof of the owner's death. In most cases, a death certificate and identification are enough. 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. This means each person has an undivided interest. They will need to coordinate to split or sell the holdings.

If no named beneficiary survives the owner, the security does not disappear. It becomes part of the deceased owner's estate. A court then distributes it under the will or 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 to name contingent beneficiaries. Without a backup, the asset may go through the probate process the TOD designation was meant to avoid.

How This Connects to Your Broader Estate Plan

Many families use TOD registrations alongside beneficiary deeds for real estate. A beneficiary deed works the same way for a home or land. Recording the deed during the owner's lifetime sets up a direct transfer at death.

For community property held by married couples, the surviving spouse typically takes ownership first. The TOD designation then controls what happens after the second death. These tools work best as part of an overall estate plan that accounts for all assets.

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.

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.

Get Started Today

Need Help With Your Estate Plan?

Whether you are just getting started or reviewing an existing plan, RJP Estate Planning works hand in hand with experienced estate planning counsel to help you understand your options.

(480) 346-3570