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A.R.S. § 14-6310

TOD Securities Registration: Terms, Conditions, and Beneficiary Forms

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

Financial institutions that offer transfer on death (TOD) registration on securities can set their own terms and conditions for how those registrations work. This includes procedures for proving death, handling fractional shares, naming primary and contingent beneficiaries, and substituting a deceased beneficiary's descendants.

Title 14, NONPROBATE TRANSFERS

azleg.gov

How Registering Entities Set the Rules

Each financial institution that offers TOD registration gets to decide the specifics. That means the procedures for naming beneficiaries, changing them, or canceling a TOD designation can vary from one institution to another. Arizona law gives them flexibility to establish terms that fit their operations, as long as the underlying protections of the article still apply.

A registering entity that offers to accept registrations in beneficiary form may establish the terms and conditions under which it will receive and implement these requests as well as requests for cancellation of previously registered transfer on death beneficiary designations and requests for reregistration to effect a change of beneficiary.

A.R.S. § 14-6310(A)

This covers practical details like how the institution verifies a death, how it handles fractional shares when multiple beneficiaries are involved, and how it processes changes to beneficiary designations during the owner's lifetime.

Per Stirpes Substitution and Registration Examples

One notable feature is the "LDPS" designation, which stands for "lineal descendants per stirpes." If you add this notation after a beneficiary's name, it means that if your named beneficiary dies before you, their share passes to their own descendants rather than lapsing.

The registering entity may indicate a beneficiary substitution by appending to the name of the primary beneficiary the letters "LDPS" or the words "lineal descendants per stirpes". This designation substitutes a deceased beneficiary's descendants who survive the owner for a beneficiary who fails to survive.

A.R.S. § 14-6310(B)

The statute also provides several illustrations of how TOD registrations look in practice. A sole owner naming a sole beneficiary might read: "John S Brown TOD John S Brown Jr." Joint owners with a primary and substitute beneficiary might use: "John S Brown Mary B Brown JT TEN TOD John S Brown Jr LDPS." These examples are standardized formats that financial institutions can adopt to keep registrations clear and consistent.

A. A registering entity that offers to accept registrations in beneficiary form may establish the terms and conditions under which it will receive and implement these requests as well as requests for cancellation of previously registered transfer on death beneficiary designations and requests for reregistration to effect a change of beneficiary. The terms and conditions may provide for proving death, avoiding or resolving any problems concerning fractional shares, designating primary and contingent beneficiaries and substituting a named beneficiary's descendants to take in the place of the named beneficiary in the event of the beneficiary's death. B. The registering entity may indicate a beneficiary substitution by appending to the name of the primary beneficiary the letters "LDPS" or the words "lineal descendants per stirpes". This designation substitutes a deceased beneficiary's descendants who survive the owner for a beneficiary who fails to survive, with the descendants to be identified and to share in accordance with the law of the beneficiary's domicile at the owner's death governing inheritance by descendants of an intestate. C. Other forms of identifying beneficiaries who are to take on one or more contingencies and rules for providing proofs and assurances needed to satisfy reasonable concerns by registering entities regarding conditions and identities relevant to accurate implementation of registrations in beneficiary form may be contained in a registering entity's terms and conditions. D. The following are illustrations of registrations in beneficiary form that a registering entity may authorize: 1. Sole owner-sole beneficiary by John S Brown TOD (or POD) John S Brown Jr. 2. Multiple owners-sole beneficiary by John S Brown Mary B Brown JT TEN TOD John S Brown Jr. 3. Multiple owners-primary and secondary (substituted) beneficiaries by either: (a) John S Brown Mary B Brown JT TEN TOD John S Brown Jr SUB BENE Peter Q Brown. (b) John S Brown Mary B Brown JT TEN TOD John S Brown Jr LDPS.
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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