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A.R.S. § 14-6308

Transfer on Death Securities: Protection for Registering Entities

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

When a financial institution accepts a transfer on death (TOD) registration on a security, Arizona law protects that institution from claims by the deceased owner's estate, creditors, or heirs, as long as it follows the rules in good faith. The institution is not required to offer TOD registration, but if it does, both sides agree to the protections in this article.

Title 14, NONPROBATE TRANSFERS

azleg.gov

What This Means for Financial Institutions and Account Holders

Transfer on death registrations let you name a beneficiary directly on a security, such as a brokerage account or stock certificate, so ownership passes automatically when you die. This statute addresses the other side of that arrangement: the obligations and protections of the financial institution handling the registration.

A registering entity is not required to offer or to accept a request for security registration in beneficiary form. If a registration in beneficiary form is offered by a registering entity, the owner requesting registration in beneficiary form assents to the protections given to the registering entity by this article.

A.R.S. § 14-6308(A)

No institution is forced to offer TOD registration. But once it does, both the institution and the account holder operate under this article's framework. The institution agrees to carry out the transfer when the owner dies. The owner agrees to the legal protections the institution receives in return.

How the Discharge of Claims Works

One of the most practical provisions here is the liability shield. If the registering entity transfers the security in good faith based on the registration and the information provided, it is discharged from all claims by the estate, creditors, heirs, or devisees of the deceased owner.

A registering entity is discharged from all claims to a security by the estate, creditors, heirs or devisees of a deceased owner if it registers a transfer of the security in accordance with section 14-6307 and does so in good faith reliance on the registration.

A.R.S. § 14-6308(C)

That protection has one important limit. If the institution receives written notice that someone objects to the TOD registration before it processes the transfer, the protection no longer applies. Verbal notice or general awareness of a dispute is not enough to remove the shield. Only a written objection triggers the exception. This statute does not settle disputes between beneficiaries and other claimants. It simply ensures the financial institution is not caught in the middle.

A. A registering entity is not required to offer or to accept a request for security registration in beneficiary form. If a registration in beneficiary form is offered by a registering entity, the owner requesting registration in beneficiary form assents to the protections given to the registering entity by this article. B. By accepting a request for registration of a security in beneficiary form, the registering entity agrees that it will implement the registration on the death of the deceased owner as provided in this article. C. A registering entity is discharged from all claims to a security by the estate, creditors, heirs or devisees of a deceased owner if it registers a transfer of the security in accordance with section 14-6307 and does so in good faith reliance on the registration, on the requirements of this article and on information provided to it by affidavit of the personal representative of the deceased owner, the surviving beneficiary or the surviving beneficiary's representatives or by other information available to the registering entity. D. The protections of this section do not extend to a reregistration or payment made after a registering entity receives written notice that a claimant to any interest in the security objects to implementation of a registration in beneficiary form. No other notice or other information available to the registering entity affects its right to protection under this section. E. This section does not affect the rights of beneficiaries in disputes between themselves and other claimants to ownership of the security transferred or its value or proceeds.
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.

What is the difference between a revocable and an irrevocable trust?

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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