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[AZ] Do misspellings and additional filings affect recording a transfer on death deed?

Hi, my mother owns a property in Arizona. She’s currently living with me in Texas after a fall. We’d like to get a transfer on death deed to avoid probate. Do I need to hire an attorney, or can we print a TODD form, notarize it, and file it with the county? Do I need anything else?

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Legal Eagle
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In Arizona, you can use a transfer on death deed that is properly signed, notarized, and recorded with the county recorder to avoid probate (A.R.S. § 33-405). An affidavit of property value is typically required at recording, including for family transfers. It’s important that the name on the TODD matches the existing deed exactly, as discrepancies can cause recording issues. You don’t need to hire an attorney, but county recording rules must be followed carefully (A.R.S. § 11-461). Let me know if you still have any concerns or questions I can help with.

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Arizona Transfer on Death Deed (TODD)

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Hi, my mother owns a property in Arizona. She’s currently living with me in Texas after a fall. We’d like to get a transfer on death deed to avoid probate. Do I need to hire an attorney, or can we print a TODD form, notarize it, and file it with the county? Do I need anything else?

Lexi

Lexi, Chatbot

That sounds like a lot to manage—happy to help. Have you already taken any steps toward creating the transfer on death deed?

Yes, I printed it out. We’re traveling to Arizona tomorrow.

Lexi

Lexi, Chatbot

Are you aware of the notarization and filing requirements for the county where the property is located?

Yes. I’m not sure if I need an affidavit of property valuation or any other forms. The property is in Maricopa County.

Lexi

Lexi, Chatbot

Is there anything else the lawyer should know before I connect you?

Not that I’m aware of.

Legal Eagle

Legal Eagle

Hello! I’m happy to help. Have you confirmed that your mother’s name on the existing deed matches exactly how it will appear on the transfer on death deed?

No. It might be spelled wrong on the deed. She’d also like a copy of it. It should be Mary Katherine, but on her tax bill it’s spelled Mary Catherine. Do we need to fix the name spelling before proceeding with the TODD?

Legal Eagle

Legal Eagle

In Arizona, you can use a transfer on death deed that is properly signed, notarized, and recorded with the county recorder to avoid probate (A.R.S. § 33-405). An affidavit of property value is typically required at recording, including for family transfers. It’s important that the name on the TODD matches the existing deed exactly, as discrepancies can cause recording issues. You don’t need to hire an attorney, but county recording rules must be followed carefully (A.R.S. § 11-461). Let me know if you still have any concerns or questions I can help with.

Legal Eagle

Legal Eagle

128,690 satisfied customers

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