Arizona: How a Will Transfers Real Property — When Probate or a Short Procedure Applies

Short answer: In Arizona, a will that devises real property usually must be admitted to the superior court and the court must authorize transfer before title can be recorded in the name of the beneficiary. Many transfers require appointment of a personal representative (executor). Arizona has some simplified, limited procedures for small or uncontested estates, but real property commonly needs a court order or a deed from a properly appointed personal representative to change title.

Disclaimer: This is general information, not legal advice. I am not a lawyer. For decisions about a specific estate or property transfer you should consult a licensed Arizona attorney.

Why probate usually matters for real property

A real-property deed must be recorded with the county recorder to show the new owner’s title. Most recorders will accept only a deed signed by someone with legal authority — usually the personal representative (PR) appointed by the probate court — or a certified order from the court admitting the will and directing distribution. Without that authority, the recorder will not accept a deed that transfers the decedent’s real property.

That means even when the will clearly names a beneficiary, the court process often decides who has authority to sign and how liens or taxes will be handled before title transfers.

Typical Arizona steps to transfer real property under a will (common path)

1. Locate the original will and check whether it names an executor. If it does, that person usually petitions the superior court in the county where the decedent lived to admit the will to probate.
2. File a petition for probate and for appointment of the personal representative with the county superior court. The petition starts the probate case and asks the court to admit the will and give the PR legal authority.
3. Give required notices. Arizona law requires notice to heirs and creditors so interested parties can object. The court will set hearings as needed.
4. The court issues letters testamentary or letters of administration once it appoints the PR. These letters prove the PR’s authority to act for the estate and to convey title.
5. The PR gathers estate assets, pays valid debts and taxes from estate funds, and follows the will’s directions for distribution. If a creditor claim requires sale of property to satisfy the estate, the PR must handle that first.
6. When ready to transfer real property, the PR prepares and signs a deed (for example, a trustee’s or executor’s deed) conveying the decedent’s interest to the devisee. The beneficiary’s name, legal description, and any required affidavits or tax documents accompany the deed.
7. Record the deed and court documents (letters or a certified order) at the county recorder’s office. Once recorded, the beneficiary’s ownership appears in public records.

This process protects creditors, confirms the identity of heirs, and creates a clear, recordable title history.

Are there ways to avoid full probate or administration in Arizona?

Arizona offers some ways to avoid a full, long probate in limited situations. Important examples include:

• Transfer-on-death instruments: If the decedent used a valid transfer-on-death deed (or TOD deed) for real property, title passes outside probate directly to the named beneficiary when the proper recording steps are completed. Whether and how Arizona recognizes TOD deeds depends on the deed form and recording rules. Check with the county recorder and a lawyer.
• Joint ownership with rights of survivorship: Real property owned jointly with rights of survivorship passes automatically to the surviving owner without probate.
• Small-estate procedures for personal property: Arizona has simplified procedures that sometimes allow transfer of personal property without full administration; however, those procedures generally do not transfer real property.
• Court orders admitting a will without full administration: In some uncontested cases with no significant debts or when parties agree, the court can admit a will and issue an order directing distribution that may avoid full formal administration. Even then, courts typically provide an order or letters so the recorder will accept a conveyance.

Because state rules and county recording practices differ, rely on local counsel or the county recorder’s office before assuming a shortcut applies to real property.

Hypothetical example (illustrates the usual path)

Hypothetical facts: “Anna” died leaving a will that devises her home to her daughter, Maria. The house has a mortgage and Anna had no other significant assets.

Steps under Arizona practice in this scenario:

1. Maria locates Anna’s original will and files it with the county superior court along with a petition to admit the will and appoint Maria as personal representative.
2. The court admits the will and issues letters testamentary to Maria after required notices and waiting periods. The mortgage lender receives notice and can assert its rights.
3. Maria, as PR, works with the lender to determine whether the mortgage will be assumed, refinanced, or paid from estate funds. If debts exceed estate assets, the PR follows court rules for selling property or distributing proceeds.
4. Once debts and taxes are addressed, Maria signs and records an executor’s deed transferring title in the house to herself as devisee. She records the deed together with proof of her letters or a certified court order so the county recorder accepts it.

This example shows why a personal representative or a court order is usually needed before the county recorder will accept a deed that transfers real property.

Key Arizona law resources

Start your legal research or self-help steps here:

• Arizona Revised Statutes, Title 14 (Trusts, Estates and Protective Proceedings): https://www.azleg.gov/arsDetail/?title=14
• Arizona Judicial Branch probate self-help information and forms: https://www.azcourts.gov/selfservice/Probate
• County recorder office (for deed recording rules): search your county recorder’s website for local filing requirements.

Helpful hints — what to prepare and expect

• Gather documents: original will, death certificate, property deed, mortgage statements, recent tax bills, insurance policies, and a list of known creditors and heirs.
• Check for nonprobate tools: look for a transfer-on-death deed, joint tenancy language, or beneficiary designations that may already pass title outside probate.
• Talk to the county recorder early: they can confirm what paperwork they require to record a deed after probate (letters, certified order, executor’s deed, affidavits). Recording rules vary by county.
• Expect timelines: probate can take months if notice periods, creditor claims, or disputes occur. Simple uncontested matters may move faster.
• Watch for taxes and liens: creditors, unpaid property taxes, and mortgages can prevent immediate transfer. The PR must address these before or at the time of conveyance.
• Consider title insurance or a title company: they can identify defects and may suggest a court-ordered transfer or affidavit that the recorder will accept.
• Hire counsel when unsure: if the estate contains real property, has debts, has potential disputes among heirs, or the facts are complex, an Arizona probate attorney can guide you and prepare court papers and deeds correctly.