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Disadvantages of a Transfer on Death Deed For example, your property will be subject to probate court if your beneficiary predeceases you and you lack an alternate estate plan. Another disadvantage is if you co-own property under a joint tenancy.
An Arizona beneficiary deed, referred to as a transfer on death deed in other states, is a legal document used to transfer real property to descendants outside of probate proceedings. For this deed to be valid in Arizona, it must be signed before a notary and recorded with the respective county recorder's office.
A transfer on death deed can be a useful addition to your estate plan, but it may not address other concerns, like minimizing estate tax or creditor protection, for which you need a trust. In addition to a will or trust, you can also transfer property by making someone else a joint owner, or using a life estate deed.
The joint owner(s) or the owner's spouse will need to submit a copy of the owner's death certificate county recorder's office. If there are more than two living owners, you may need to submit an affidavit to attest that you own the property.
You must sign the deed and get your signature notarized, and then record (file) the deed with the recorder's office before your death. Otherwise, it won't be valid.