Hi there and welcome to Ask a Lawyer. My name is Brandon and I'm an attorney. I'd be happy to help you out today. Please note that this discussion is for guidance only and does not constitute an Attorney-Client Relationship. My answers and comments should not be considered legal advice. Please also note that I am human, that I often need to research your answer to give you an accurate response, and that I work with other customers and get up from time to time. So please be patient while waiting for a response. If more than 30 minutes have passed, please feel free to reach out.

First, about the Affidavit of Property Value:

In Arizona, generally an Affidavit of Property Value is required when a deed is recorded, but there are clear exceptions — and one major exception is when you are recording a Beneficiary Deed (sometimes called a Transfer on Death or TOD deed).

Arizona Revised Statutes § 11-1134 outlines the exemptions, and specifically says that a transfer under a Beneficiary Deed is exempt from needing an Affidavit of Property Value. You are absolutely right — if your form says “Exempt from Affidavit and fee,” and you're not selling or transferring the property for money, you should not need to complete the affidavit.

Sometimes, online systems or e-filing portals are set up broadly and automatically ask about the affidavit because most other deeds do require it. But for you, based on what you’re doing, you should be able to mark it as "Exempt" or write "Exempt per A.R.S. § 11-1134(B)(8)" if they make you fill something out.

Bottom line: You do not need to submit an Affidavit of Property Value for recording your Beneficiary Deed.

Now, your second (very important) question:

Is an Arizona Beneficiary Deed revocable?

The answer is yes, absolutely! In Arizona, a Beneficiary Deed is revocable at any time before death. This is true even if the deed itself doesn’t explicitly say “revocable.” Under Arizona law (specifically, A.R.S. § 33-405), a property owner who records a Beneficiary Deed retains full ownership rights during their lifetime and can revoke or change the deed whenever they want.

There are two common ways people revoke or change it:

✅ Record a revocation form (there is a specific Revocation of Beneficiary Deed form you can record).
✅ Record a new Beneficiary Deed that names new beneficiaries — this automatically revokes the earlier one if it conflicts.

Nothing becomes final until your deaths. Up until then, you and your husband have total control.

Finally, to your last and very important point:

Will this pass the property to your heirs without probate?

Yes, that's the purpose of a Beneficiary Deed. When both you and your husband pass away, your house will transfer directly to your four children without going through the probate court process. They will need to record a death certificate with the county recorder’s office to complete the transfer, but no probate court proceedings will be necessary for the house itself.

This is one of the simplest and most cost-effective ways in Arizona to avoid probate for real estate.

First question: Do you need to file your father's will with the court?

In Arizona (and in most other states), even if a full probate is not needed because everything is passing to the surviving spouse (your mom), you still typically need to file your father's original will with the probate court in the county where he lived.

Arizona law (A.R.S. § 14-2517) says that any person in possession of an original will must deliver it to the court within a "reasonable time" after learning of the death — even if you don’t think you’ll need probate. It’s a simple filing just to place it "on record."

You are not necessarily opening a probate case just by filing the will. Filing the will protects everyone later and ensures that the court has it on file if anything unexpected comes up with property, bank accounts, or title issues.

So yes, you should go ahead and file your father’s will with the court — even if there is no immediate probate action needed.

Second question: Do you need to "remove" your father's name from property titles before filing a new Beneficiary Deed for your mom?

Yes — you will need to update the title on any jointly owned real estate where your father was named, so that the property is now fully in your mother's name alone before she can record a new Beneficiary Deed.

If they owned the property together (for example, as "husband and wife" or "community property with right of survivorship" or "joint tenants with right of survivorship"), it’s relatively simple:

✅ You would typically record an Affidavit of Surviving Spouse (sometimes called an Affidavit of Death of Joint Tenant) with the County Recorder's Office.
✅ Along with the affidavit, you would record an original or certified copy of your father's death certificate.

This filing clears his name off the title officially and vests the full ownership in your mom’s name alone.

Only once that is done can your mom properly sign and file a Beneficiary Deed listing her own beneficiaries (for example, her children) to avoid probate when she passes.

You’re very welcome. Feel free to add me to your favorites. Whenever you have a new question, you can start a new question with me here or request me by name, @BrandonEsq. Thanks for using Ask a Lawyer.