This form is a sample letter in Word format covering the subject matter of the title of the form.
State Bar Form 9-2009 In Pima
Category:
State:
Multi-State
County:
Pima
Control #:
US-0001LTR
Format:
Word;
Rich Text
Instant download
Description
Form popularity
FAQ
Unless you have a complex situation or have specific concerns, you likely won't need a lawyer to create a TOD deed. But you will need to make sure that the TOD deed you make is valid in your state, since each state's rules are a little different.
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. You can make an Arizona beneficiary deed with WillMaker.
Unless you have a complex situation or have specific concerns, you likely won't need a lawyer to create a TOD deed. But you will need to make sure that the TOD deed you make is valid in your state, since each state's rules are a little different.
New York now has a Transfer on Death deed, which goes into effect on July 19, 2024. Traditionally, if a client wants to avoid probate for their real estate, we must create a trust and transfer the deed into the name of the trust. A trust avoids Surrogates Court and the property passes seamlessly to beneficiaries.
Disadvantages of transfer on death deeds Creditors may come after the new owner(s) of the property. Beneficiaries may get equal shares of the asset. Not available in many states. Unintentional disinheritance. Raises the risk that estate planning documents don't match.
Potential for Disputes: Disputes among beneficiaries or challenges to the validity of the TOD deed can arise. Ambiguities in the deed, conflicting claims from heirs, or allegations of undue influence can result in legal disputes, delaying the process and undermining the intended efficiency of TOD deeds.
You can obtain one from an online search for “Beneficiary Deed” or “Transfer on Death Deed” or often from the same Recorder's Office that holds copies of the deeds. Ensure that you find one for the state where the property is located.
If you're thinking about ways to keep your home out of probate, and TOD deeds are an available option in your state, they are well worth considering. Unless you have a complex situation or have specific concerns, you likely won't need a lawyer to create a TOD deed.
There are several ways to get an Arizona beneficiary deed. You could draft the document yourself following Arizona state guidelines and submit it to the correct county office. There are also online services that you can use to complete the deed and submit it on your own once it is notarized.
BENEFICIARY DEEDS §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.
