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A beneficiary deed allows for the avoidance of probate.Arizona allows for the transfer of real estate by affidavit if the equity of all the real property in the estate is not greater than $100,000.
Arizona allows for the transfer of real estate by affidavit if the equity of all the real property in the estate is not greater than $100,000. The use of a beneficiary deed to transfer real property will avoid the need for a probate proceeding in cases where the equity in the property is in excess of $100,000.
In Arizona, you can make a living trust to avoid probate for virtually any asset you ownreal estate, bank accounts, vehicles, and so on. You need to create a trust document (it's similar to a will), naming someone to take over as trustee after your death (called a successor trustee).
Get a Deed Form or Prepare Your Own. You can buy a state-specific TOD deed form for your state or type up your own document. Name the Beneficiary. Describe the Property. Sign the Deed. Record the Deed.
In most cases, the surviving owner or heir obtains the title to the home, the former owner's death certificate, a notarized affidavit of death, and a preliminary change of ownership report form. When all these are gathered, the transfer gets recorded, the fees are paid, and the county issues a new title deed.
You also need to have your completed beneficiary deed notarized, then record it in the county where the property is located. Once you're finished, the website of the Maricopa County Recorder's Office (recorder.maricopa.gov), and those for various other counties, will list your deed, which you can look up at no cost.
A beneficiary deed is generally used for avoidance of probate, although it may be used to remove a particular property from a probate estate.
With a beneficiary deed, the beneficiary has no ownership interest in the property until the present owner dies. This means that the owner retains complete control of the property while he or she is living, and the beneficiary has no control over the property until the owner dies.