Arizona Vehicle Transfer
on Death FAQs
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How to Transfer an Arizona
Vehicle on Death FAQs
Arizona law allows vehicle owners to transfer a car, truck, or other motor vehicle to a named beneficiary automatically at death—without probate. Below, Arizona estate planning attorney Richard Keyt answers the most frequently asked questions about Arizona's vehicle transfer on death law.
The Basics
What is an Arizona vehicle transfer on death designation?
An Arizona vehicle transfer on death designation is a legal provision that allows a vehicle owner to name one or more beneficiaries directly on the vehicle's certificate of title. When the owner dies, the vehicle passes automatically to those named beneficiaries—no probate required. This right is created by Arizona Revised Statutes Section 28-2055.
What Arizona law authorizes vehicle transfer on death designations?
Arizona Revised Statutes Section 28-2055 authorizes vehicle transfer on death designations. The Arizona Legislature added this law effective July 20, 2011. A.R.S. § 28-2055(B) provides:
“At the request of the owner and on payment of a fee prescribed by the department by rule, the certificate of title may contain, by attachment, a transfer on death provision where the owner may designate a beneficiary of the vehicle.”
Does a vehicle transfer on death designation avoid probate?
Yes. A properly completed Arizona vehicle transfer on death designation allows the vehicle to pass directly to the named beneficiary when the owner dies—without going through Arizona probate court. This is one of several probate-avoidance tools available under Arizona law.
How does a vehicle transfer on death designation compare to other Arizona probate-avoidance tools?
Arizona has three main non-probate transfer tools that are now consistent with one another:
- Beneficiary deeds — for real property
- Pay on death / transfer on death titling — for bank accounts and investment accounts
- Vehicle transfer on death designation — for motor vehicles
Before 2011, Arizonans could transfer a $75,000 bank account or a $100,000 piece of real estate without probate, but could not do the same for a vehicle—regardless of its value. The 2011 amendment to A.R.S. § 28-2055 closed that gap.
How to Complete the Designation
How do I add a transfer on death beneficiary to my Arizona vehicle title?
To add a transfer on death beneficiary to your Arizona vehicle title, follow these steps:
- Obtain the vehicle's current certificate of title. If you do not have it, contact the Arizona Motor Vehicle Division (MVD) for information on obtaining a replacement.
- Complete the Arizona MVD Beneficiary Designation form (Form 96-0561).
- Submit the completed form and any required fee to the Arizona MVD.
Where do I get the Arizona MVD Beneficiary Designation form?
Arizona MVD Form 96-0561 is available at the Arizona Department of Transportation's MVD forms library (azdot.gov). You can also obtain the form at any Arizona MVD office.
Is there a fee to add a transfer on death beneficiary to my vehicle title?
No.
Can I name more than one beneficiary on my Arizona vehicle title?
Yes. Arizona law permits a vehicle owner to designate one or more beneficiaries on the certificate of title. If you name multiple beneficiaries, review the MVD form carefully for instructions on how multiple beneficiaries will share ownership of the vehicle upon your death.
Choosing the Right Beneficiary
Who should I NOT name as the beneficiary of my vehicle?
Not every loved one is an appropriate direct beneficiary of a vehicle. Do not name the following as a direct beneficiary:
- A minor child under age 18. Arizona law provides that minors are not legally competent and will not be able to claim the vehicle if they are under 18 when the owner dies.
- A person with special needs. A direct inheritance may disqualify them from government benefits such as SSI or Medicaid.
- A person with creditor problems or an inability to manage assets. The vehicle could be immediately subject to their creditors' claims.
If you want to leave a vehicle to any of these individuals, consult an Arizona estate planning attorney about using a revocable living trust instead.
What happens if I name a minor child as the beneficiary of my vehicle?
If you die and your named beneficiary is under age 18, the child will not be able to legally claim the vehicle. Arizona law treats minors as legally incompetent to receive the transfer directly. This can create complications—potentially requiring a court proceeding—that defeat the very purpose of naming a beneficiary in the first place. To avoid this problem, consider naming a trustee of a revocable living trust to receive the vehicle for the benefit of the minor child.
Vehicle Transfer on Death vs. a Revocable Living Trust
Is a vehicle transfer on death designation the same as having a revocable living trust?
No. A vehicle transfer on death designation is a single-asset probate-avoidance tool for one vehicle. A revocable living trust is a comprehensive estate planning document that can hold all of your assets—real estate, bank accounts, investments, vehicles, personal property, and more—and provides far greater flexibility, control, and protection.
A revocable living trust also allows you to:
- Plan for disability during your lifetime, not just death
- Control how and when beneficiaries receive their inheritance
- Name a trustee to manage assets for beneficiaries who cannot manage assets themselves
- Protect inheritances left to beneficiaries with special needs or creditor issues
For most Arizonans, a revocable living trust is the cornerstone of a proper estate plan.
Should I rely solely on a vehicle transfer on death designation as my estate plan?
No. A vehicle transfer on death designation is useful, but it is only one piece of a complete estate plan. A comprehensive Arizona estate plan typically includes:
- A revocable living trust
- A pour-over will
- Financial power of attorney
- Healthcare power of attorney
- Living will / advance healthcare directive
- HIPAA authorization
- And other customized documents
Without a revocable living trust, many of your other assets may still be subject to Arizona probate—even if your vehicle passes through a transfer on death designation.
Changing or Canceling the Designation
Can I cancel or change the transfer on death beneficiary on my vehicle?
Generally yes. Transfer on death designations can be changed or revoked during your lifetime. You would work with the Arizona MVD to update or cancel the designation on your certificate of title. Contact the Arizona MVD for specific procedures and any applicable fees.
About the Authors
Richard Keyt (Rick) is an Arizona estate planning and LLC attorney at KEYTLaw, LLC in Scottsdale, Arizona. He has practiced Arizona law since 1979 and has completed more than 1,000 Arizona estate plans. His son and law partner, Richard C. Keyt (Ricky), is an attorney and a former CPA. Together they serve clients throughout Scottsdale, Paradise Valley, Phoenix, Mesa, Tempe, Gilbert, Glendale, Peoria, Surprise, Chandler, and Queen Creek. See their website at https://www.keytlaw.com and the fee and the 36 documents & services in their estate plan.Disclaimer: We are Arizona attorneys, but not your attorney. This information is for educational purposes only and does not create an attorney-client relationship. Arizona laws are unique; always consult a local professional regarding your specific situation.
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Call or email Richard Keyt, the father
Direct phone: 480-664-7478
Email: [email protected]
Call or email Richard C. Keyt, the son
Direct phone: 480-664-7472
Email: [email protected]