What is a beneficiary deed?
A beneficiary deed is a transfer on death deed under a different name. Arizona, Arkansas, Colorado and Missouri use the term in their statutes; most other states say 'transfer on death deed'. The instrument is the same.
The states that use the term
| State | Statute | Page |
|---|---|---|
| Arizona | A.R.S. § 33-405 | Arizona beneficiary deed |
| Missouri | Mo. Rev. Stat. § 461.025 | Missouri beneficiary deed |
| Colorado | C.R.S. § 15-15-401 | Colorado beneficiary deed |
| Arkansas | Ark. Code Ann. § 18-12-608 | Arkansas beneficiary deed |
New Mexico's earlier statute also used the term before it adopted the uniform act, and practitioners there still say both. Everywhere else, ask for a transfer on death deed.
Missouri invented it
Missouri authorised the beneficiary deed in 1989, the first state in the country to do so. Kansas followed in 1997, then Arizona, and the idea spread from there into the Uniform Real Property Transfer on Death Act, which most later states adopted using the 'transfer on death' name.
How it works
- You record it during your lifetime. Recording after death does nothing.
- It transfers no present interest. You keep full ownership and control.
- You can revoke it, replace it, or sell the property without your beneficiary's consent.
- At your death the property passes to the surviving beneficiaries outside probate.
- Your beneficiary takes it subject to every mortgage and lien on the property.
Name an alternate beneficiary
If your only named beneficiary dies before you and there is no alternate, the deed usually fails entirely and the property goes through probate. The exact outcome you were trying to avoid.
$69, with your state's statutory form and revocation language.
Common questions
Yes. They are the same instrument under different statutory names. Arizona, Arkansas, Colorado and Missouri say 'beneficiary deed'; most other states say 'transfer on death deed'. Nevada says 'deed upon death' and Illinois says 'transfer on death instrument'.
Some county recorders publish a blank template, and a few state bar associations do too. The catch is that a blank form doesn't tell you how to describe the property, how to name alternates, or which recital your county wants. Deedly generates a completed, state-specific beneficiary deed with the filing instructions for $69.
Yes, for that property. A recorded beneficiary deed operates outside the will entirely. The property never becomes part of the probate estate, so the will has nothing to distribute. If your will and your beneficiary deed disagree, the deed wins.
Yes, at any time while you're alive and competent. Record a revocation instrument, record a new beneficiary deed, or sell the property. Your beneficiary can't stop you and in most states has no right to be notified.
Keep reading
Deedly is not a law firm
We provide self-help software and state-specific statutory forms; you make your own decisions about your property. Using Deedly does not create an attorney-client relationship, and nothing here is legal advice. If your situation is complex or contested, talk to a licensed attorney in your state.