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Transfer on Death Deed Laws in Arizona

Arizona allows beneficiary deeds under its own statute, A.R.S. 33-405, and the deed must be recorded with the county recorder before the owner's death.

Last checked . General information, not legal advice.

Arizona at a glance

TOD deed allowed
Yes (beneficiary deed)
Uniform act adopted
No, own statute
Arizona uses its own beneficiary deed statute, A.R.S. 33-405, not the uniform act.
Recording rule
Before the owner's death
Must be recorded with the county recorder where the property is located before the death of the owner or last surviving owner.

Sources

Last checked

The rules in Arizona

Does Arizona allow transfer on death deeds for real estate?

Yes (beneficiary deed). TOD deed allowed in Arizona: yes (beneficiary deed).

Has Arizona adopted the Uniform Real Property Transfer on Death Act?

No, own statute. Uniform act adopted in Arizona: no, own statute. Arizona uses its own beneficiary deed statute, A.R.S. 33-405, not the uniform act.

When must a transfer on death deed be recorded in Arizona?

Recording rule in Arizona: Before the owner's death. Must be recorded with the county recorder where the property is located before the death of the owner or last surviving owner.

Where do the Arizona transfer on death deed laws come from?

The rules above come from Ariz. Rev. Stat. 33-405. Each source is linked on this page. We last checked them in October 2026.

Good to know

A beneficiary deed may name the trustee of a trust, even a revocable trust, as the grantee beneficiary.

What this means in practice

Where a transfer on death deed is allowed, it generally has to be signed with the same formalities as an ordinary deed and recorded in the land records of the county where the property sits. A deed that is signed but never recorded within the time the statute requires may have no effect, so check the recording rule before relying on one.

A transfer on death deed usually covers only the property it describes. It does not replace a will, and other assets still pass under a will, a trust or the intestacy rules. Keeping the deed consistent with your other estate planning documents helps avoid conflicting instructions.

Creditors, Medicaid estate recovery and property tax rules can still reach property that passes by a transfer on death deed in some situations. If the property is mortgaged, jointly owned or the beneficiary situation is complicated, consider having a local real estate or estate planning attorney review the deed.

General information, not legal advice. Laws change, and cities can add their own rules, so check the current statute before you rely on it.