Can I transfer a vehicle on death without probate in Arizona?

Question

Accepted Answer

Yes. At the owner's request, an Arizona vehicle certificate of title may contain, by attachment, a transfer-on-death provision in which the owner designates a beneficiary of the vehicle . Such a transfer-on-death provision is nontestamentary, meaning it operates outside the probate process .

If no transfer-on-death beneficiary was designated, there is a second non-probate route: the motor vehicle division must transfer title of a motor vehicle from the decedent to the successor on presentation of a small-estate affidavit and payment of the necessary fees . That affidavit requires, among other things, that thirty days have elapsed since the death, that no personal representative is pending or appointed, that the value of all personal property in the estate (less liens and encumbrances) does not exceed the statutory threshold, that the claiming successor is entitled to the property, and that funeral and last-illness expenses have been paid . The motor vehicle division that issues title pursuant to such an affidavit is discharged and released to the same extent as if it had dealt with a personal representative .

Note that a beneficiary or successor who receives a vehicle by nonprobate transfer may still be liable to the decedent's probate estate for allowed creditor claims and statutory allowances if the probate estate is insufficient to pay them, up to the value of the transfer received .