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Transfer-on-death (TOD) refers to named beneficiaries that receive assets at the death of the property owner without the need for probate, facilitating the executors disposition of the property owners assets after their death. This is often accomplished through a transfer-on-death deed.
TOD Deeds Are Less Costly and Less Complex Than Living Trusts. Transfer on death deeds are a simplified document that specifies the owner of the real estate, the legal details of the real estate, and the beneficiaries that are going to inherit the property when the current owner passes away.
Arizona is one a handful of statesincluding Colorado and Missourithat use the term beneficiary deed to refer to a deed that designates a beneficiary to inherit property at death.
Create a Survivorship Affidavit to Remove a Deceased Owner A survivorship affidavit (sometimes called an affidavit of death or affidavit of continuous marriage) is a legal document used to remove a deceased owner from title to property by recording evidence of the deceased owners death in the land records.
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.
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In order to remove the name of the deceased, Form DJP (Deceased Joint Proprietor) must be completed and filed along with a copy of the death certificate. There is no requirement to show the Grant of Representation to the Land Registry, which means updating the title deed can be done soon after death.
TOD/POD disadvantages: these accounts pass directly to the beneficiary and do not go through probate, if the executor does not have enough probate assets to pay the debts of the estate, creditors are entitled to claim some non- probate assets, including TOD accounts.
So when a property is owned jointly, and it is a tenancy-in-common arrangement, in such a case a co owner dies, his or her share of property DOES NOT go to the co owners automatically. The share of the property is transferred to the legal heirs of the deceased co owner.
Arizona allows for the transfer of real estate by affidavit if the equity of all the real property in the estate is not greater than $100,000. The use of a beneficiary deed to transfer real property will avoid the need for a probate proceeding in cases where the equity in the property is in excess of $100,000.
The primary advantage of a transfer on death deed is to avoid the probate process. If a property owner has executed a transfer on death deed, then as soon as the property owner dies, that property passes to the person named. The beneficiary does not have to go to court.

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