[AZ] Does a beneficiary deed allow the surviving spouse to avoid probate?

AZ Estate Planning

Hello, I am setting up a Beneficiary Deed (aka Transfer on Death Deed) in Arizona. My wife and I are co-owners of the house, so I have listed us both as Owners/Transferors, and our two kids as Beneficiaries. In the event that I die, would the deed transfer to my wife automatically, as co-owner, avoiding probate? Or would I need to set up a separate Beneficiary Deed for her as well?

February 10, 2026

Liz

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If the original deed has a right of survivorship, that would mean it transfers automatically between spouses. (AZ Rev Stat § 33-405)

Arizona Transfer On Death Deed

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Lexi, Chatbot

I understand that setting up a Beneficiary Deed can be a bit complex. Can you confirm if both you and your wife are currently on the title of the property?

Yes, we are both on the current title of the property.

Lexi, Chatbot

Have you already filed the Beneficiary Deed with the county recorder's office in Arizona?

No.

Lexi, Chatbot

Is there anything else the Estate Lawyer should know before I connect you? Rest assured they'll be able to help with your Beneficiary Deed.

Nothing else.

Liz

Hi there! My name is Liz and I’ve been an attorney for more than a decade, and I am here to assist with your legal concerns. So I can best help, are you and your spouse both listed with a right of survivorship?

Hi Liz! Is that a field or section on the Beneficiary Deed? Or somewhere else?

Liz

That should be on your original deed.

I will check one moment, but I believe so. I don't see that specific language in the original deed, but we both signed as owners and borrowers.

Liz

Does it say tenants by the entirety?

I found it, it does have a right of survivorship.

Liz

If the original deed has a right of survivorship, that would mean it transfers automatically between spouses. (AZ Rev Stat § 33-405)

Okay great.

Liz

Is there anything else I can clarify?

With the beneficiaries being our two adult children, is there anything else we would need to specify on the beneficiary deed, other than their names?

Liz

Their names and what percentage will transfer.

Ok, great. Thank you for your help!

Liz

You're very welcome! Have a wonderful evening!

You too.

Liz

41,505 satisfied customers

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