Lady Bird Deeds in Arizona
Short answer: no. Arizona does not recognize lady bird deeds, and recording one may not do what you're hoping. Here is what works here instead.
Arizona does not recognize lady bird deeds
Arizona has no statute and no settled practice recognizing them, so what one would do here is uncertain, and title companies may not rely on it. Deedly does not prepare one for Arizona; the alternatives below are the reliable routes.
Why Arizona does not have them
Lady Bird deeds, enhanced life estate deeds, are recognized in 6 states: Florida, Michigan, Rhode Island, Texas, Vermont, and West Virginia. Maryland's courts also recognize a similar instrument, the life estate deed with powers. Missouri's courts also recognize a similar instrument, the life estate deed with powers. Virginia law also recognizes a similar instrument, the life estate deed with powers. Elsewhere there is no statute or settled practice for the combination of a life estate and an unrestricted power to sell, so how a court or title company would treat one is uncertain.
What Arizona homeowners use instead
There are working alternatives in Arizona:
- Arizona transfer-on-death deed. Names who inherits the property, revocable at any time while you're alive.
- Arizona life estate deed. Keeps a life estate for you with the remainder to the people you name. Not revocable.
Other ways to avoid probate in Arizona
- A revocable living trust. The most flexible option. It costs more up front (typically $1,000–$3,000) but it covers everything you own, not just one property.
- Survivorship titling. Holding title as joint tenants with right of survivorship passes the property to the surviving owner automatically, outside probate.
- Small estate procedures. Arizona lets heirs collect up to $200,000 of personal property by affidavit 30 days after a death (A.R.S. § 14-3971(B)). Six months after a death, they can transfer Arizona real estate worth up to $300,000, net of liens, by an affidavit filed with the court (A.R.S. § 14-3971(E)).
$49, one time. The probate-avoidance deed Arizona does recognize, with the state's witness rules, margins, and recording instructions already applied. You read the finished document before you pay.
Common questions
A county office might physically accept and index the document, but recording is not the same as validity. With no statute or settled practice behind it in Arizona, there is no assurance a court or title company would give it the effect you intended. Use one of the alternatives above instead.
Florida, Michigan, Rhode Island, Texas, Vermont, and West Virginia. Maryland's courts also recognize a similar instrument, the life estate deed with powers. Missouri's courts also recognize a similar instrument, the life estate deed with powers. Virginia law also recognizes a similar instrument, the life estate deed with powers.
For a single property, survivorship titling is the cheapest. It costs one deed and one recording fee. For everything else, a revocable living trust is the standard route: more expensive up front, but it covers your whole estate and stays private. A probate attorney in Arizona can tell you which fits your situation in a single consultation.
Keep reading
- Arizona transfer-on-death deedNames who inherits the property, revocable at any time while you're alive.
- Arizona life estate deedKeeps a life estate for you with the remainder to the people you name. Not revocable.
- All Arizona deed optionsEverything this state does recognize, with requirements and costs.
Deedly is not a law firm
Its software and documents are not a substitute for the advice of an attorney. We provide self-help software and state-specific deed 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.