The House That Skips Probate
A.R.S. 33-405 — a beneficiary deed, recorded before death, and the last one recorded wins
In Arizona, the transfer on death deed is called a beneficiary deed. A deed that names a grantee beneficiary and expressly states that it is effective on the owner's death transfers the interest at that death, subject to the mortgages, liens and other encumbrances the owner made or was subject to.
Recorded before death, or not at all. A beneficiary deed is valid only if it is executed and recorded in the office of the county recorder where the property is located before the death of the owner, or of the last surviving owner.
- The grantee beneficiary's signature, consent, agreement or notice is not required for any purpose during the owner's lifetime.
- It may transfer the property to the trustee of a trust, even a revocable one.
- It may name a successor grantee beneficiary, stating the condition on which that interest would vest.
| The question | The statute's answer |
|---|---|
| The questionCan the owner revoke it | The statute's answerAt any time; with more than one owner, any owner who executed it, by a revocation recorded before that owner's death |
| The questionTwo deeds for the same property | The statute's answerThe last one recorded before the owner's death is the effective one |
| The questionCan a will change it | The statute's answerNo; a recorded beneficiary deed is not revoked by the provisions of a will |
| The questionJoint owners with survivorship | The statute's answerA deed signed by fewer than all is valid only if the last surviving owner signed it |
The statutory forms for the deed and for a revocation are in the section itself. Whether a deed is right for a particular family, and how to prepare and record it, are questions for a licensed Arizona attorney.
Sources for this section (1)
- A.R.S. 33-405 — Beneficiary deeds; recording; definitions
Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed Arizona attorney.