One of the earliest laws of its kind
On April 11, 2001, Arizona's governor signed A.R.S. § 33-405 into law, creating the beneficiary deed. It works the same way a transfer-on-death deed does in other states: a deed that names a grantee beneficiary and expressly states it's effective on the owner's death transfers the property automatically, outside probate. Arizona's version predates the Uniform Real Property Transfer on Death Act that many other states later adopted, so it's its own statute rather than a copy of that uniform framework.
Signed and notarized, no witnesses
Executing a beneficiary deed follows the same formality as an ordinary deed: the owner signs it and gets the signature notarized. There's no separate witness requirement layered on top. The deed only becomes effective if it's recorded with the county recorder before the owner — or the last surviving owner, if there's more than one — dies.
Can name a form of title for the beneficiaries too
A beneficiary deed isn't limited to naming one person outright. Under § 33-405(B), it can designate multiple grantees who take title as joint tenants with right of survivorship, tenants in common, or — for a husband and wife — as community property or community property with right of survivorship. That lets an owner set up not just who inherits the property, but how those beneficiaries will hold it among themselves.
No beneficiary involvement required during life
The beneficiary named on the deed has no say in any of this while the owner is alive. Under § 33-405(I), their signature, consent, and even notice aren't required to create or record the deed. The owner keeps full control — selling, mortgaging, or changing their mind at any point — because the deed conveys no present interest at all until the moment of death.
A will doesn't undo it
A validly recorded beneficiary deed survives a later will. If the owner writes a new will naming a different person to inherit the house, that alone doesn't revoke the beneficiary deed — the owner has to record a new beneficiary deed or a formal revocation to actually change who receives the property.