Arizona transfer on death deed
A transfer on death deed lets you name who inherits your Arizona property without probate, while you keep full control, including the power to sell or mortgage it without anyone's signature. Here is exactly what Arizona requires, what it costs, and where to file it.
- Recording office
- County Recorder
- Witnesses
- Notary only
- Transfer tax
- None
- First-page margin
- 2″ top
- Recording fee
- $30 per document
- E-recording
- Some counties open to the public
What a transfer on death deed does in Arizona
A transfer-on-death deed (a beneficiary deed in Arizona, Arkansas, Colorado and Missouri) names the person who should receive your real estate when you die. You record it now, but it transfers nothing until death: you keep full ownership, you can sell or mortgage the property, and you can revoke the deed at any time without your beneficiary's consent. When you die, the property passes outside probate. Your beneficiaries then record the documents your state requires to show them as the owners; in a few states that filing has a deadline, or is what completes the transfer.
In Arizona the governing statute is A.R.S. § 33-405. Arizona's statute uses the term 'beneficiary deed'. It must be recorded before the owner's death to be effective.
The Arizona law behind this deed
Start with A.R.S. § 33-405 if you want to read the statute's own language. The table below lists the main statutes behind the rules on this page.
| What it governs | Citation |
|---|---|
| Transfer on death deeds specifically | A.R.S. § 33-405 |
| Conveyances generally | A.R.S. § 33-401 |
| Recording with the County Recorder | A.R.S. § 11-468 |
When Arizona homeowners use a transfer on death deed
- Leave a house to your children without probate
- Keep real estate out of a will contest
- Get probate avoidance without paying for a full living trust
- Name a backup beneficiary in case your first choice dies first
- Revoke or change an earlier beneficiary designation
What Arizona requires on the deed
These are the execution and formatting rules county recorders enforce. Getting any of them wrong is the usual reason a deed comes back in the mail.
| Requirement | What Arizona says |
|---|---|
| Recording office | County Recorder |
| Notarization | Required. Each signer must appear before the notary and acknowledge the signature. Signing in front of the notary is the safest practice. |
| Witnesses | None required. A notarial acknowledgment is enough. |
| Legal description | Required, copied exactly from the prior recorded deed. A street address is not sufficient. |
| Grantee's address | Recommended. |
| Return address | Include a 'when recorded, return to' block so the original comes back to you. Deedly always prints one. |
| Preparer statement | Not required, but customary. |
| Prior deed reference | Not required, though it keeps the chain of title clean. |
| Page setup | 8.5 × 11 in, 2-inch clear space at the top of page one, 0.5-inch margins elsewhere, nothing under 10pt. This is the profile Deedly applies. |
| Accompanying form | None. A beneficiary deed is exempt under A.R.S. § 11-1134(B)(12), and Deedly prints that exemption code on the deed. |
| Timing | Must be recorded before the owner's death. Recording it afterwards has no effect. |
A spouse may have to sign even if they are not an owner
Both spouses must join in any conveyance of community real property (A.R.S. §§ 25-214(C), 33-452).
How to complete and record it in Arizona
- Find your current deedYou need the legal description from it, word for word. If you can't find your copy, the County Recorder can provide one, usually for a few dollars.
- Identify everyone by full legal nameNames must match the current deed and government ID exactly, middle names included. A mismatch creates a gap in the chain of title that shows up years later at closing.
- Complete the deedDeedly builds it with the wording, notary certificate, and 2-inch first-page margin used for Arizona deeds.
- Sign in front of a notaryBring photo ID. Wait to sign until you are in front of the notary: you have to appear before the notary anyway, and signing there leaves no question about who signed.
- No Affidavit of Property ValueNo Affidavit of Property Value is needed. A beneficiary deed is exempt under A.R.S. § 11-1134(B)(12), and Deedly prints that exemption code on the deed.
- Record it with the County RecorderFile in the county where the property is located and pay the recording fee. Arizona law lets a county recorder accept electronic filings from title companies, banks, Arizona attorneys, government agencies, and trusted submitters that have an agreement with the recorder (A.R.S. § 11-461(C), (J)). Pima and Yavapai counties also take filings from the public through online portals, and Maricopa accepts a single document through a third-party submitter. Elsewhere, check the county recorder's website, or record in person or by mail. Keep the stamped receipt. It fixes your priority date.
- Tell your beneficiaries where it isAfter your death they record proof of it, such as a certified death certificate or an affidavit of death, with the County Recorder so the land records show them as the owners.
What it costs in Arizona
| Cost | Typical amount |
|---|---|
| Recording fee | $30 per document |
| Transfer tax | None in this state |
| Notary | Arizona caps the notary fee for an acknowledgment at $10 per signature (A.A.C. R2-12-1102(E)(1); A.R.S. § 41-316(A)), and a notary who travels may charge no more than the mileage and per diem allowed to state employees (A.R.S. § 41-316(B)). |
| Deedly | $49, one time (launch price, regular $69) |
| Attorney (for comparison) | $150–$700 for the same statutory document |
No Affidavit of Property Value is needed. A beneficiary deed is exempt under A.R.S. § 11-1134(B)(12), and Deedly prints that exemption code (B12) on the deed below the legal description. Arizona has no transfer tax.
Where to record it in Arizona
Arizona deeds are recorded with the County Recorder in the county where the property sits, not where you live. There are 15 counties in Arizona.
Arizona law lets a county recorder accept electronic filings from title companies, banks, Arizona attorneys, government agencies, and trusted submitters that have an agreement with the recorder (A.R.S. § 11-461(C), (J)). Pima and Yavapai counties also take filings from the public through online portals, and Maricopa accepts a single document through a third-party submitter. Elsewhere, check the county recorder's website, or record in person or by mail.
Recording offices we cover in Arizona: Maricopa, Pima, Pinal, Yavapai, Mohave, Yuma, Coconino. See all Arizona recording offices.
What a transfer on death deed does NOT do
Being honest about the limits is more useful than a sales pitch. Every one of these catches somebody out.
- Only 34 states plus DC recognize it. Recording one in a state that does not accept it accomplishes nothing.
- It does not clear the mortgage. Your beneficiary takes the property subject to any loan, lien, or judgment against it.
- It doesn't protect the property from your creditors, and in many states it doesn't shield the property from Medicaid estate recovery.
- The beneficiary receives no ownership interest until you die. They cannot be added as a co-owner this way.
- If a beneficiary dies before you, what happens to their share depends on state law: in some states it passes to the other beneficiaries or to the beneficiary's descendants, in others it fails. Naming an alternate, where your state's form allows one, avoids the question.
Quirks of Arizona law that catch people out
- Arizona calls a transfer-on-death deed a beneficiary deed (A.R.S. § 33-405). It must be recorded during the owner's lifetime. Recording it after death does nothing.
- The recorder must refuse a deed that has neither an Affidavit of Property Value (Form 82162) nor the specific exemption from it noted on its face (A.R.S. §§ 11-1133(C), 11-1134(C)). Deedly prints the exemption code below the legal description when your answers show which one applies.
- Arizona sets the recording fee at $30 per document in every county, so page count does not affect cost (A.R.S. § 11-475(A)(1)).
- Arizona is a community property state, and both spouses must sign to convey community real property.
- Community property with right of survivorship is available and is usually the best choice for married couples: it avoids probate and preserves a full step-up in basis.
$49, one time. Your finished deed appears in full before you pay, with Arizona's witness rules, margins, and recording instructions already applied.
Common questions
No. Arizona has no requirement that an attorney prepare a deed. What matters is the correct statutory language, an accurate legal description, proper notarization, and recording with the County Recorder. Deedly produces all of that for $49, versus roughly $150–$700 for an attorney to draft the same document. If ownership is disputed, the current owner has died without probate, or the transfer is tax-sensitive, use an attorney.
Expect $30 per document. No Affidavit of Property Value is needed. A beneficiary deed is exempt under A.R.S. § 11-1134(B)(12), and Deedly prints that exemption code (B12) on the deed below the legal description. Arizona has no transfer tax. Arizona sets the recording fee by statute at $30 per document in every county, whatever the page count (A.R.S. § 11-475(A)(1)).
No. Arizona requires only that the grantor's signature be acknowledged before a notary public. Forms that show witness lines are usually generic templates borrowed from another state.
With the County Recorder in the county where the property is located, not where you live, and not where the buyer lives. Arizona has 15 counties. Arizona law lets a county recorder accept electronic filings from title companies, banks, Arizona attorneys, government agencies, and trusted submitters that have an agreement with the recorder (A.R.S. § 11-461(C), (J)). Pima and Yavapai counties also take filings from the public through online portals, and Maricopa accepts a single document through a third-party submitter. Elsewhere, check the county recorder's website, or record in person or by mail.
Yes. Transfer on death deeds are revocable during your lifetime. You can record a revocation, record a new one naming different beneficiaries, or simply sell the property. You don't need your beneficiary's permission for any of it.
Yes, for this property. On your death the property passes directly to the people you named, outside probate. They then record proof of your death with the County Recorder so the public record shows the change. It doesn't avoid probate for anything else you own, it doesn't clear the mortgage, and it doesn't protect the property from your creditors.
Often, yes. Both spouses must join in any conveyance of community real property (A.R.S. §§ 25-214(C), 33-452). That surprises people, because the spouse is not becoming an owner. They are releasing rights the law gives them automatically. Deedly adds a joinder block for the signature when it applies.
Keep reading
- Arizona quitclaim deedTransfers whatever interest you have in a property, with no promises about the title.
- Arizona general warranty deedTransfers ownership with the strongest title guarantees the law allows.
- Arizona special warranty deedTransfers ownership, but only guarantees the title for the period you owned it.
- Arizona life estate deedYou keep the right to live in the property for life; named remaindermen own it after you.
- All deed rules for ArizonaRecording offices, transfer tax, witness rules, and fees.
- Arizona recording officesWhere to file in each county.
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.