Gilbert, AZ asked in Estate Planning and Real Estate Law for Arizona

Q: Any requirement to update owner status prior to recording Beneficiary Deed?

Husband and Wife(Deceased) have home ownership as Community Property with Right of Survivorship. Husband would like to record a Beneficiary Deed. Is there any need to update records such as an affidavit with Wife's death certificate stating Husband and Wife(Deceased) granting ownership to Husband prior to recording Beneficiary Deed?

1 Lawyer Answer
Ryan K Hodges
Ryan K Hodges
Answered
  • Estate Planning Lawyer
  • Mesa, AZ
  • Licensed in Arizona

A: Recording an affidavit of death or the death certificate before recording the beneficiary deed is a good idea, but not required. You could record the beneficiary deed without doing this first, and it would still be valid.

Marcus N. Seiter agrees with this answer

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