Fill and Sign the Arizona Death Deed Form

© 2016 - U.S. Legal Forms, Inc.       ARIZONA BENEFICIARY DEED (a.k.a. Transfer on Death Deed) [Two Individuals / Husband and Wife to Two Individuals / Husband and Wife] Control Number: AZ-040-77 I. TIPS ON COMPLETING THE FORMS The form(s) in this packet may contain “form fields” created using Microsoft Word or Adobe Acrobat (“.pdf” format). “Form fields” facilitate completion of the forms using your computer. They do not limit your ability to print the form “in blank” and complete with a typewriter or by hand. It is also helpful to be able to see the location of the form fields. Go to the View menu, click on Toolbars, and then select Forms. This will open the Forms toolbar. Look for the button on the Forms toolbar that resembles a shaded letter “a”. Click this button and the form fields will be visible. By clicking on the appropriate form field, you will be able to enter the needed information. In some instances, the form field and the line will disappear after information is entered. In other cases, it will not. The form was created to function in this manner. II. DESIGNATING HOW THE GRANTEES WILL HOLD THE PROPERTY: A. In the State of Arizona, real property can be held by more than one person (concurrent estates) in the following ways: 1. If the Grantees ARE NOT married to each other, they can hold the property as: a. Tenants in Common: a type of concurrent estate in which each party owns an undivided interest in the property that will pass to their heirs when the tenant in common dies. Generally their shares are “equal” but may differ in size. b. Joint Tenants with the Right of Survivorship ( JTWROS) : is a type of concurrent estate in which co-owners have a right of survivorship , meaning that if one owner dies, that owner's interest in the property will pass to the surviving owner or owners by operation of law, and avoiding probate. 2. If the Grantees ARE married to each other, they can hold the property as: a. Tenants in Common – See above b. Joint Tenants with the Right of Survivorship – See above c. Community Property - a form of joint ownership of property between married individuals. When a married co-owner dies their share goes to their heirs as provided in their will or the laws of intestacy. d. Community Property with the right of survivorship - a form of joint ownership of property between married individuals. When a married co- owner dies their share goes to the surviving spouse. 3. In the attached deed, the preparer will need to indicate how the Grantees will hold the property: as Tenants in Common; Joint Tenants with Right of Survivorship; community property or community property with the right of survivorship. B. For additional information on the above see the definitions at: http://lawdigest.uslegal.com/ C. For example: “as Tenants in Common ,” III. 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Prepared by:       After Recording, Return to:                         BENEFICIARY DEED (Two Individuals / Husband and Wife to Two Individuals / Husband and Wife) GRANTORS:       and       , Husband and Wife , do hereby CONVEY unto GRANTEES:       , whose mailing address is       , and       , whose mailing address is       , individuals , as tenants in common , effective upon our deaths, the following lands and property, together with all improvements located thereon, lying in the County of       , State of Arizona, to-wit: See Legal Description Attached as Exhibit A incorporated by reference as though set forth in full Beneficiary Deed Page 1 of 2 Legal Description:       If any Grantee Beneficiary precedes us in death, then (choose one) a. the conveyance to that Grantee Beneficiary shall become null and void and the entire estate shall pass equally to the surviving Grantee Beneficiary at the time of our death. b. the conveyance to that Grantee Beneficiary shall become part of the estate of the Grantee Beneficiary. Prior document reference: Book ______ , Page ______ , Document No. ______ , of the Recorder of ______________________ County, Arizona. IN WITNESS WHEREOF, Grantors have executed this Beneficiary Deed on the day and year set forth below. Date:       Grantor       Type or Print Name State of Arizona , County of       The foregoing instrument was acknowledged before me this       day of       , 20       , by       . Notary Public My Commission Expires:             Print or Type Name Date:       Grantor       Type or Print Name State of Arizona , County of       Beneficiary Deed Page 2 of 2 The foregoing instrument was acknowledged before me this       day of       , 20       , by       . Notary Public My Commission Expires:             Print or Type Name Beneficiary Deed Page 3 of 2 EXHIBIT A Grantors:             Grantees:             Legal Description:       Exhibit A