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You cannot use your will to revoke or override a beneficiary deed. How ownership is transferred. To get title to the property after your death, the beneficiary must record a certified copy of the death certificate in the recorder's office.
In the event that your mother recorded the beneficiary deed, the home likely became yours immediately upon her death, and it should not be subject to the terms of her will.
BENEFICIARY DEEDS ? See A.R.S. §33-405 (statute includes a sample form) available from the Arizona Legislature Website. ? Beneficiary deeds are filed in the Maricopa County Recorder's Office. ? See the Maricopa County Recorder's Website for information on form requirements and filing fees.
An Arizona beneficiary deed form?also known as an Arizona transfer-on-death deed form or Arizona TOD deed form?is a type of deed authorized by statute to pass Arizona real estate to designated beneficiaries on the death of an owner.
At your death, ownership passes automatically to the beneficiary named in the deed. Any mortgage or debt attached to the land goes along with it. To retitle the real estate in the new owner's name, the new owner should record a sworn statement (affidavit) and a copy of the death certificate.