Selling a Co-Owned Property in Arizona to Cover Funeral and Property Tax Expenses

Quick answer: In Arizona, your options depend on how the property is titled (joint tenants with right of survivorship vs. tenants in common), whether an owner has died, and whether co-owners agree to sell. If co‑owners agree, a sale or buyout is often quickest. If one co‑owner refuses, the other can file a partition action in Superior Court to force a sale. If the property is part of a decedent’s estate, the personal representative (executor/administrator) may sell property through probate to pay funeral expenses and taxes. This article explains the typical steps, legal tools, likely timelines, and practical tips under Arizona law.

Disclaimer

This is educational information, not legal advice. I am not a lawyer. For decisions that affect rights or money, consult a licensed Arizona attorney who can review the facts and provide legal advice tailored to your situation.

Detailed answer — how to sell a co‑owned property in Arizona to pay funeral and tax bills

1. Identify ownership type and immediate legal consequences

Joint tenants with right of survivorship: If title is held as joint tenants with right of survivorship, when one owner dies the property automatically vests in the surviving joint owner(s). That survivor can sell the property without probate for the deceased owner’s share.
Tenants in common: Each owner holds a separate share that does not automatically pass on death. A deceased owner’s share goes into their estate and typically must be handled in probate or via a transfer instrument in the decedent’s estate plan.
Trust ownership: If the property is in a living trust, the successor trustee can sell according to the trust terms without probate.

2. If an owner has died: determine if probate is required

When an owner’s interest is part of their estate (for example, tenants in common), the estate’s personal representative (executor or administrator) has authority to collect, manage, and (if necessary) sell estate assets to pay debts and expenses, including funeral expenses and taxes. Arizona’s probate rules and procedures govern how that sale is done; some sales require court approval. See Arizona probate information and forms at the Arizona Judicial Branch self-help pages: https://www.azcourts.gov/selfservice.

3. If co‑owners agree to sell

Get the deed and confirm ownership wording. A title report from a title company can confirm liens, mortgages, and the exact vesting language on the deed.
Agree on pricing, listing agent, broker fees, and how sale proceeds will be split (paying mortgages, liens, property taxes, funeral expenses first as agreed or as required by any court order).
If the property is in a decedent’s estate, the personal representative can sell under the probate code; some sales require notice to heirs and/or court approval. Check the probate rules or speak with a probate attorney.
If the sale is quick and funds are needed immediately for a funeral, co‑owners sometimes use the sale proceeds at closing or agree to a short sale or brokered closing that prioritizes urgent payments.

4. If a co‑owner refuses to sell: partition action

A co‑owner who cannot get agreement can ask the Superior Court to partition the property. In Arizona, a partition action can physically divide land (rare) or order a sale and distribution of proceeds among the owners. Partition is usually a last resort because it is a court process, it takes time, and it can be expensive. For general court and civil filing information, see the Arizona Judicial Branch: https://www.azcourts.gov/.

5. Priority of funeral expenses and taxes

If the property is part of a probate estate, funeral expenses and estate administration costs are generally paid as estate expenses before distribution to heirs, subject to the probate code and priority rules. Unpaid property taxes are typically liens on the property and must be paid at sale or prior to transfer. If estate assets are insufficient, unpaid funeral expenses are sometimes the responsibility of those who contracted for the funeral (usually family members), unless the estate or insurance covers them.

6. Practical timeline and likely costs (typical ranges)

Agreeing to sell and closing a cooperative sale: a few weeks to a few months (depends on listing, buyer financing).
Probate sale: often several months to a year depending on whether court approval is required and whether there are contested claims.
Partition action: commonly 6–18 months, depending on court schedule and complexity.
Costs to expect: realtor commissions (typically 5–6%), closing costs, title fees, any mortgage payoff, unpaid property taxes, probate court costs and filing fees, and attorney fees if you hire counsel. Partition actions also carry court costs and possible expert/commissioner fees for sale.

7. Steps to take right now

Locate the deed and title documents. Confirm vesting language (joint tenants, tenants in common, trust, etc.).
Get copies of the most recent property tax bill and mortgage statements.
Obtain a death certificate if an owner has died.
Talk to the other co‑owner(s) about a voluntary sale or buyout. A simple written agreement can avoid court.
If voluntary agreement fails and you need to force a sale, consult an attorney about filing a partition action in Arizona Superior Court.
If the property is likely part of a probate estate, contact a probate attorney or review Arizona probate resources: https://www.azcourts.gov/selfservice/Probate.

Helpful hints

Gather documents before talking to professionals: deed, will/trust, death certificate, mortgage statements, tax bills, homeowner association (HOA) documents if any.
Get a title report early. It identifies liens that must be paid at sale.
Consider a short-term loan or credit card for an urgent funeral if sale will take months—but compare costs carefully.
If co‑owners agree, a buyout (one owner buying the other’s share) may be faster than a full sale. Use a written buyout agreement and escrow to protect both parties.
If the property is likely to face a tax sale for unpaid taxes, act quickly: county treasurer offices can explain deadlines and redemption rules for property tax delinquencies.
Fees and timelines vary by county. Contact the county recorder, assessor, and treasurer where the property sits for local procedures and deadlines.
Before signing anything, run the proposed documents by an attorney or a reputable title company to avoid unintended transfer of interests.

Where to learn more (official Arizona resources)

Arizona Revised Statutes and legislative information: https://www.azleg.gov/ (search Title 14 for probate, Title 12 for civil actions).
Arizona Judicial Branch self‑help (probate and civil instructions): https://www.azcourts.gov/selfservice.
County treasurer and recorder offices (for tax and deed questions): find your county office via the county website.

When to talk to an attorney

Consult a licensed Arizona attorney if any of the following apply: ownership is unclear; one owner has died and the estate may need probate; co‑owners disagree about selling; there are liens or mortgages that complicate sale; or you face a threatened tax sale. An attorney can advise whether a summary probate procedure, negotiated sale, or partition action is the right path.

Need help finding an Arizona probate or real estate attorney? Local bar associations and the Arizona State Bar referral service can provide referrals to attorneys who handle probate, real estate closings, and partition actions.